Title: Electoral (Cost of By-elections) AmendmentBill 2011
Author: Office of Parliamentary Counsel
Category: parliamentary.copy
Document comments: lc124

Legislative Council—No 124
As introduced and read a first time, 14 September 2011

Electoral (Cost of By-elections) Amendment Bill 2011

Electoral (Cost of By-elections) Amendment Bill 2011
Part 1—Preliminary

Electoral (Cost of By-elections) Amendment Bill 2011
Preliminary—Part 1

Electoral (Cost of By-elections) Amendment Bill 2011
Part 2—Amendment of Electoral Act 1985

Electoral (Cost of By-elections) Amendment Bill 2011
Amendment of Electoral Act 1985—Part 2

South Australia
Electoral (Cost of By-elections) Amendment Bill 2011
A Bill For
An Act to amend the Electoral Act 1985.

Contents
Part 1—Preliminary
1	Short title
2	Amendment provisions
Part 2—Amendment of Electoral Act 1985
3	Insertion of section 53B
53B	Certain nominations must not be received

The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Electoral (Cost of By‑elections) Amendment Act 2011.
2—Amendment provisions
In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Electoral Act 1985
3—Insertion of section 53B
After section 53A insert:
53B—Certain nominations must not be received
	(1)	This section applies if a by‑election is to be held to fill a casual vacancy in the membership of the House of Assembly caused by the resignation of a member who was, immediately before resigning, a member of a registered political party.
Note—
This section will not apply to a by‑election held to fill a casual vacancy caused by the death of a member or by vacation of a member's seat in accordance with section 31 of the Constitution Act 1934.
	(2)	The Electoral Commissioner must, as soon as practicable after the issue of the writ for the election, serve on the registered officer of the registered political party a written notice requiring the party to pay to the Electoral Commissioner an amount specified in the notice (being the Electoral Commissioner's estimate of the reasonable costs to the Crown of holding the by‑election).
	(3)	The registered officer of the registered political party may not nominate a person as a candidate endorsed by the party for the election unless the party has paid the amount specified in the notice under subsection (2).
	(4)	If the amount specified in the notice is not paid on or before the date on which the by‑election is held, the Electoral Commissioner may recover the amount from the registered political party as a debt.
	(5)	The Electoral Commissioner may determine that this section does not apply to the resignation of a member if the Electoral Commissioner is satisfied that the resignation was reasonably necessary due to circumstances beyond the member's control (and if the Electoral Commissioner makes such a determination after serving a notice under this section in relation to the resignation, the notice will be void and of no effect).
Example—
If the retirement was due to a medical condition of the member or of a person who relies on the member for care, the Electoral Commissioner may determine that this section does not apply.

LC GP 188-B: the Hon Mark Parnell MLC