South Australia regulation

City of Adelaide (Elections and Polls) Regulations 2025

In ForceSA

Jurisdiction

South Australia

Collection

regulation

Plain English Summary

3/10 complexity

These regulations require postal ballot envelopes to include an extended back flap showing the name and address of the natural person, body corporate or group issued the papers, and require the returning officer to prepare an explanatory notice about steps to comply with s40 of the Local Government (Elections) Act. They also preserve transitional treatment for gifts given before the commencement day, deem some earlier returns as compliant with the new disclosure rules and set disclosure start dates for 2026; this places compliance obligations on candidates and small administrative duties on the returning officer.

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City of Adelaide (Elections and Polls) Regulations 2025

South Australia City of Adelaide (Elections and Polls) Regulations 2025 under the City of Adelaide Act 1998

Contents 1 Short title 3 Interpretation 5 Issue of postal voting papers 6 Transitional provision for gifts received Legislative history

1—Short title These regulations may be cited as the City of Adelaide (Elections and Polls) Regulations 2025. 3—Interpretation (1) In these regulations— Act means the City of Adelaide Act 1998. 5—Issue of postal voting papers (1) Pursuant to Schedule 1 clause 18(3) of the Act, envelopes used under Schedule 1 clause 18(1) for ballot papers sent by post must have an extension to a flap on the back of the envelope that bears the name and address of the natural person, body corporate or group to whom the voting papers are issued. (2) For the purposes of Schedule 1 clause 18(3) of the Act, an explanatory notice will be prepared by the returning officer and must outline the steps which a voter must follow in order to comply with the requirements of section 40 of the Local Government (Elections) Act 1999. 6—Transitional provision for gifts received (1) Subject to this regulation, the application of old Schedule 1 Part 8 in relation to gifts received by candidates before the commencement day is not affected by the amendments effected by the Statutes Amendment (Local Government Elections Review) Act 2025. (2) Despite subregulation (1)— (a) if a candidate includes details relating to all gifts received by the candidate required to be included in a return under clause 24 of old Schedule 1 Part 8 in the first return relating to gifts furnished by the candidate under new Schedule 1 Part 8, the candidate will be taken to have complied with the requirements of old Schedule 1 Part 8 in relation to those gifts; and (b) a failure to submit a return under old Schedule 1 Part 8 (including in accordance with paragraph (a)) will be taken to be a failure to comply with new Schedule 1 Part 8. (3) For the purposes of the periodic elections to determine the membership of councils to be held in 2026, the special disclosure period and disclosure period under clauses 24 and 24A (respectively) of new Schedule 1 Part 8 in relation to a candidate who is not a new candidate will be taken to commence on the commencement day. (4) For the purposes of subregulation (3), a candidate is a new candidate, in relation to an election, if the person had not been a candidate in the last general election of a council and had not been a candidate at a supplementary election held after the last general election of a council. (5) In this regulation— commencement day means the day on which section 44 of the Statutes Amendment (Local Government Elections Review) Act 2025 comes into operation; new Schedule 1 Part 8 means Schedule 1 Part 8 of the Act (as in force on and after the commencement day); old Schedule 1 Part 8 means Schedule 1 Part 8 of the Act (as in force immediately before the commencement day). Legislative history Notes • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Legislation revoked by principal regulations The City of Adelaide (Elections and Polls) Regulations 2025 revoked the following: City of Adelaide (Elections and Polls) Regulations 2010 Principal regulations and variations New entries appear in bold. Year No Reference Commencement 2025 75 Gazette 31.7.2025 p2904 1.9.2025: r 2 2025 143 Gazette 18.12.2025 p4965 1.1.2026: r 2 Provisions varied New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement r 2 omitted under Legislation Revision and Publication Act 2002 1.1.2026 r 3

r 3(2) deleted by 143/2025 r 3 1.1.2026 r 4 deleted by 143/2025 r 4 1.1.2026 r 6 substituted by 143/2025 r 5 1.1.2026 Sch 1 deleted by 143/2025 r 6 1.1.2026 Sch 2 omitted under Legislation Revision and Publication Act 2002 1.1.2026

Source text

Sourced from South Australian Legislation (legislation.sa.gov.au), CC BY 4.0.

1 City of Adelaide (Elections and Polls) Regulations 2025

South Australia City of Adelaide (Elections and Polls) Regulations 2025 under the City of Adelaide Act 1998

Contents 1 Short title 3 Interpretation 5 Issue of postal voting papers 6 Transitional provision for gifts received Legislative history

1—Short title These regulations may be cited as the City of Adelaide (Elections and Polls) Regulations 2025. 3—Interpretation (1) In these regulations— Act means the City of Adelaide Act 1998. 5—Issue of postal voting papers (1) Pursuant to Schedule 1 clause 18(3) of the Act, envelopes used under Schedule 1 clause 18(1) for ballot papers sent by post must have an extension to a flap on the back of the envelope that bears the name and address of the natural person, body corporate or group to whom the voting papers are issued. (2) For the purposes of Schedule 1 clause 18(3) of the Act, an explanatory notice will be prepared by the returning officer and must outline the steps which a voter must follow in order to comply with the requirements of section 40 of the Local Government (Elections) Act 1999. 6—Transitional provision for gifts received (1) Subject to this regulation, the application of old Schedule 1 Part 8 in relation to gifts received by candidates before the commencement day is not affected by the amendments effected by the Statutes Amendment (Local Government Elections Review) Act 2025. (2) Despite subregulation (1)— (a) if a candidate includes details relating to all gifts received by the candidate required to be included in a return under clause 24 of old Schedule 1 Part 8 in the first return relating to gifts furnished by the candidate under new Schedule 1 Part 8, the candidate will be taken to have complied with the requirements of old Schedule 1 Part 8 in relation to those gifts; and (b) a failure to submit a return under old Schedule 1 Part 8 (including in accordance with paragraph (a)) will be taken to be a failure to comply with new Schedule 1 Part 8. (3) For the purposes of the periodic elections to determine the membership of councils to be held in 2026, the special disclosure period and disclosure period under clauses 24 and 24A (respectively) of new Schedule 1 Part 8 in relation to a candidate who is not a new candidate will be taken to commence on the commencement day. (4) For the purposes of subregulation (3), a candidate is a new candidate, in relation to an election, if the person had not been a candidate in the last general election of a council and had not been a candidate at a supplementary election held after the last general election of a council. (5) In this regulation— commencement day means the day on which section 44 of the Statutes Amendment (Local Government Elections Review) Act 2025 comes into operation; new Schedule 1 Part 8 means Schedule 1 Part 8 of the Act (as in force on and after the commencement day); old Schedule 1 Part 8 means Schedule 1 Part 8 of the Act (as in force immediately before the commencement day). Legislative history Notes • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or . Legislation revoked by principal regulations The City of Adelaide (Elections and Polls) Regulations 2025 revoked the following: City of Adelaide (Elections and Polls) Regulations 2010 Principal regulations and variations New entries appear in bold. Year No Reference Commencement 2025 75 Gazette 31.7.2025 p2904 1.9.2025: r 2 2025 143 Gazette 18.12.2025 p4965 1.1.2026: r 2 Provisions varied New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement r 2 omitted under Legislation Revision and Publication Act 2002 1.1.2026 r 3