South Australian Current Acts
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ELECTORAL ACT 1985
TABLE OF PROVISIONS
Long Title
PART 1--Preliminary
1. Short title
4. Interpretation
PART 2--Administration
Division 1--The Electoral Commissioner and Deputy Electoral Commissioner
5. Appointment of Electoral Commissioner and Deputy Electoral Commissioner
6. Acting appointments
7. Remuneration and conditions of office
Division 2--The powers and functions of the Electoral Commissioner and the Deputy Electoral Commissioner
8. Powers and functions of the Electoral Commissioner
9. Delegation
10. Duties of the Deputy Electoral Commissioner
Division 3--Staff of the Electoral Commissioner
11. Staff
12. Staff
13. Candidates and persons holding official positions in political parties not to be electoral officers
PART 3--Electoral districts and subdivisions
Division 1--Electoral districts
14. Electoral districts
Division 2--Electoral subdivisions
15. Electoral subdivisions
Division 3--District returning officers
16. The district returning officers
17. Duty to assist public
Division 4--District polling places
18. Polling places
PART 4--Electoral rolls
Division 1--District and subdivisional rolls
19. District and subdivisional rolls
Division 2--Information to be contained in rolls
20. Information to be contained on the roll
21. Suppression of elector's address
Division 3--Revision of the rolls
22. Revision of the rolls
23. Rolls to be kept up to date
Division 4--Keeping, printing and inspection of the rolls
24. Rolls to be kept by computer
25. Printing of rolls
26. Inspection and purchase of rolls
Division 5--Power to require information
27. Power to require information
Division 5A--Provision of certain information
27A. Provision of certain information
Division 6--Joint Commonwealth-State arrangements
28. Collaboration with the Commonwealth
PART 5--Enrolment
Division 1--Entitlement to enrolment
29. Entitlement to enrolment
Division 2A--Itinerant persons
31A. Itinerant persons
Division 3--Compulsory enrolment and transfer
32. Making of claim for enrolment or transfer of enrolment
32A. Notification of transfer within the same subdivision
32B. Enrolment or transfer of enrolment
Division 4--Objections
33. Right of objection
34. Elector to have opportunity to be heard on objection
35. Determination of objection
PART 6--Registration of political parties
36. Definitions and related provisions
37. Registration of political parties
38. Register of Political Parties
39. Application for registration
40. Order in which applications are to be determined
41. Publication of notice of application
42. Registration
42A. Registered officers
43. Changes to Register
43A. Annual returns and other inquiries
44. Voluntary de-registration
45. De-registration of political party
46. De-registration
46A. False statements
46B. Membership information to be confidential
PART 7--Writs for elections
47. Issue of writ
48. Contents of writ
49. Deferral of election
50. Failure of election
PART 8--Preparations for an election
Division 1--Nomination
51. Candidates must be nominated
52. Qualifications of candidate
53. Multiple nominations of candidates endorsed by political party
53A. Nomination of single candidate
54. Declaration of nominations
55. Proceedings on nomination day
56. Death of candidate after nomination
57. Deposit to be forfeited in certain cases
Division 2--Ballot papers
Subdivision 1--Ballot papers for a Legislative Council election
58. Grouping of candidates in Legislative Council election
59. Printing of Legislative Council ballot papers
Subdivision 2--Ballot papers for a House of Assembly election
60. Ballot papers for House of Assembly elections
Subdivision 3--Ballot papers generally
61. Form of ballot papers
62. Printing of descriptive information on ballot papers
63. Voting tickets
64. Photographs of candidates
Division 3--Establishment and staffing of polling booths
65. Properly staffed polling booths to be provided
66. Preparation of certain electoral material
Division 4--Scrutineers
67. Appointment of scrutineers
Division 5--Certified list of electors
68. Certified list of electors
PART 9--Voting
Division 1--Entitlement to vote
69. Entitlement to vote
70. Errors etc in roll not to forfeit entitlement to vote
Division 2--General provisions as to voting
71. Manner of voting
72. Questions to be put to person claiming to vote
73. Issue of voting papers
74. Issue of declaration voting papers by post or other means
74A. Offence to distribute application form for issue of declaration voting papers
75. Fresh ballot paper may be issued where ballot paper spoiled
Division 3--Indication of vote
76. Marking of votes on ballot papers
Division 4--Voting at polling booths
77. Times and places for polling
78. Right of elector to receive ballot paper
79. Vote to be marked in private
80. Voter may be accompanied by an assistant in certain circumstances
80A. Voting near polling booth in certain circumstances
81. Voting by elector to whom declaration voting papers have been issued
Division 5--Declaration voting
82. Declaration vote, how made
83. Taking of declaration votes by electoral visitors
84. Security of facilities
Division 6--Compulsory voting
85. Compulsory voting
Division 7--Miscellaneous
86. Presiding officer may appoint substitute
87. Ballot boxes or other facilities to be kept secure
88. Adjournment of polling
PART 10--The scrutiny
Division 1--Preliminary
89. Scrutiny
90. Scrutineers
91. Preliminary scrutiny
Division 2--Interpretation and validity of ballot papers
92. Interpretation of ballot papers in Legislative Council elections
93. Interpretation of ballot papers in House of Assembly elections
94. Informal ballot papers
Division 3--Counting of votes
95. Scrutiny of votes in Legislative Council election
96. Scrutiny of votes in House of Assembly election
Division 3A--Computer vote counting in Legislative Council elections
96A. Application of Division
96B. Approval of computer program
96C. Protection of approved computer program from interference
96D. Use of approved computer program in election
96E. Manual counting of votes not prevented
Division 4--Re-count
97. Re-count
PART 11--The return of the writs
98. Return of writ for election of members of the Legislative Council
99. Declaration of poll and return of writs for House of Assembly
PART 12--Appeals
Division 1--Administrative appeals
100. Reviewable decisions
101. Administrative appeals
Division 2--Disputed elections and returns
102. Method of disputing elections
103. The Court of Disputed Returns
104. Requisites of petition
105. Respondents to petitions
106. Principles to be observed
107. Orders that the Court is empowered to make
108. Decisions to be final
PART 13--Offences
Division 1--Bribery, undue influence etc
109. Bribery
110. Undue influence
111. Interference with political liberty
Division 2--Electoral advertisements, commentaries and other material
112. Publication of electoral advertisements, notices etc
112A. Special provision relating to how-to-vote cards
112B. Certain descriptions not to be used
113. Misleading advertising
114. Heading to electoral advertisements
115. Limitations on display of electoral advertisements
116. Published material to identify person responsible for political content
116A. Evidence
Division 3--Offences related to the conduct of an election
117. Candidates not to take part in elections
118. Persons present at polling
119. Offender may be removed from polling booth
120. Secrecy of vote
121. Conduct of officers, scrutineers etc
122. Cards in polling booth
123. Witnessing electoral papers
124. Other offences relating to ballot papers etc
125. Prohibition of canvassing near polling booths
126. Prohibition of advocacy of forms of voting inconsistent with Act
127. Failure to transmit claim
128. Forging or uttering electoral papers
129. Protection of the official mark
Division 4--Employers
130. Employers to allow employees leave of absence to vote
PART 13A--Election funding, expenditure and disclosure
Division 1--Preliminary
130A. Interpretation
130B. Objects of Part
130C. Exclusion of details disclosed under Commonwealth law
Division 2--Agents
130D. Interpretation
130E. Appointment of agents by parties, candidates and groups
130F. Third parties may appoint agents
130G. Requisites for appointment
130H. Registration of agents
130I. Termination of appointment of agent
130J. Responsibility for action in case of political parties
Division 3--State campaign accounts
130K. Requirement to keep State campaign account
130L. Gifts to be paid into State campaign account
130M. Payments into State campaign account
130N. State campaign account to be used for political expenditure
Division 4--Public funding of candidates and groups for elections
130O. Interpretation
130P. General entitlement to funds
130Q. Payment not to be made or to be reduced in certain circumstances
130R. Making of payments
130S. Death of candidate
Division 5--Special assistance funding for political parties
130T. Preliminary
130U. Entitlement to and claims for special assistance funding
130V. Making of payments
130W. Special assistance funding not to be used for political expenditure
Division 6--Limitations on political expenditure
130X. Interpretation
130Y. Application of Division
130Z. Expenditure caps
130ZA. Prohibition on political expenditure in excess of expenditure cap during capped expenditure period
130ZB. Regulation of political expenditure by parties and candidates endorsed by parties
130ZC. Prohibition on arrangements to avoid applicable expenditure cap
Division 7--Disclosure of donations
130ZD. Interpretation
130ZE. Division not to apply to gifts returned within 6 weeks
130ZF. Returns by candidates and groups
130ZG. Gifts, loans to candidates etc
130ZH. Gifts to relevant entities
130ZI. Special reporting of large gifts
130ZJ. Certain gifts not to be received
130ZK. Certain loans not to be received
130ZL. Limitation on entry fees for certain events
Division 8--Returns
130ZM. Interpretation
130ZN. Returns by registered political parties
130ZO. Returns by associated entities
130ZP. Returns by third parties
130ZQ. Returns relating to political expenditure during capped expenditure period
130ZR. Annual returns relating to political expenditure
130ZS. Annual returns relating to gifts received for political expenditure
130ZT. Related matters
130ZU. Regulations
Division 9--Related matters
130ZV. Audit certificates
130ZW. Auditor to give notice of contravention
130ZX. Electoral Commissioner to determine manner in which returns to be furnished
130ZY. Public inspection of returns
130ZZ. Nil returns
130ZZA. Records to be kept
130ZZB. Investigation etc
130ZZC. Inability to complete returns
130ZZD. Amendment of returns
130ZZE. Offences
130ZZF. Non-compliance with Part does not affect election
130ZZG. Appropriation
PART 14--Miscellaneous
131. Signature to electoral paper
132. Injunctions
133. Disqualification for bribery and undue influence
134. Service by post
135. Preservation of ballot papers
136. Offences committed with connivance of person other than offender
138. Exemption from stamp duty
139. Regulations
Legislative history
The Parliament of South Australia enacts as
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