Part 1Preliminary

Part 1—Preliminary 1—Short title This Act may be cited as the Local Government (Elections) Act 1999. 3—Objects The objects of this Act are— (a) to provide for periodic and other local government elections; and (b) to provide for the qualifications of voters for the purposes of local government elections and for the preparation and maintenance of voters rolls; and (c) to provide for the qualifications and duties of candidates in local government elections; and (d) to provide for a system of voting, and for the counting of votes, at local government elections; and (e) to provide for local government polls; and (f) to provide for the administrative framework for local government elections and polls; and (g) to regulate various practices associated with local government elections and polls. 4—Preliminary (1) In this Act, unless the contrary intention appears— conclusion of council elections—see Local Government Act 1999 (section 4(2)); the Court means the Court of Disputed Returns constituted under this Act; designated person, in respect of a body corporate or group entitled to be enrolled on the voters roll for an area or ward, means a natural person, of or above the age of majority, who is a State elector and— (a) in the case of a body corporate—an officer of the body corporate who is authorised to act on behalf of the body corporate for the purposes of voting; or (b) in the case of a group—a member of the group, or an officer of a body corporate that is a member of the group, who is authorised to act on behalf of the group for the purposes of voting; disposition of property means a conveyance, transfer, assignment, settlement, delivery, payment or other alienation of property, and includes— (a) the allotment of shares in a company; and (b) the creation of a trust in property; and (c) the grant or creation of a lease, mortgage, charge, servitude, licence, power or partnership or any interest in property; and (d) the release, discharge, surrender, forfeiture or abandonment, at law or in equity, of a debt, contract or chose in action or any interest in property; and (e) the exercise by a person of a general power of appointment of property in favour of another person; and (f) a transaction entered into by a person with intent thereby to diminish, directly or indirectly, the value of the person's own property and to increase the value of the property of another person; District Court means the District Court of South Australia; elector means a person, body corporate or group of persons enrolled on the voters roll for a council; electoral material means an advertisement, notice, statement or representation calculated to affect the result of an election or poll; electoral officer means a person appointed as an electoral officer under this Act and includes the returning officer and deputy returning officer; general election—see Local Government Act 1999 (section 4); gift means a disposition of property made by a person to another person, otherwise than by will, being a disposition made without consideration in money or money's worth or with inadequate consideration, and includes the provision of a service (other than volunteer labour) for no consideration or for inadequate consideration; illegal practice means the commission of an offence against this Act; name, of a candidate for election, includes a name by which the candidate is generally known; officer of a body corporate means a director, manager, secretary or public officer of the body corporate and includes any other person who takes part in the management of the affairs of the body corporate; periodic election means an election to fill offices of a council held pursuant to section 5; polling day—see subsection (2); property includes money; public notice means notice in the Gazette and in a newspaper circulating in the area; returning officer—see section 10; State elector means a person who is enrolled as an elector for the House of Assembly on a roll for a subdivision under the Electoral Act 1985; voting material means— (a) ballot papers and other forms of voting papers; and (b) applications for voting papers; and (c) records relating to the issue of voting papers; and (d) declarations made by persons voting or claiming to vote; and (e) voters rolls. (2) A reference in this Act to polling day for an election or poll means— (a) for a periodic election—the day on which voting at the election closes under section 5; (b) for a general election (not being a periodic election) to be held pursuant to a proclamation or notice under the Local Government Act 1999—the day fixed as polling day by the proclamation or notice (being the day on which voting at the election closes); (c) for a supplementary election—the day fixed as polling day for the election under section 6; (d) for a poll—the day fixed by the council as polling day for the poll. (3) For the purposes of this Act, the year in which polling day for an election occurs will be taken to be the year in which the election is held. (4) An election for mayor, an election for a councillor or councillors who are to be representatives for the area as a whole, and an election for a councillor or councillors who are to be representatives of a ward, are each separate and distinct elections. (5) This Act is to be read with the Local Government Act 1999 as if the two Acts together formed a single Act.