Title: Electoral (Miscellaneous) Amendment Bill 2012
Author: Office of Parliamentary Counsel
Category: parliamentary.copy
Document comments: ha103

House of Assembly—No 103
As laid on the table and read a first time, 15 November 2012

Electoral (Miscellaneous) Amendment Bill 2012

Electoral (Miscellaneous) Amendment Bill 2012
Part 1—Preliminary

Electoral (Miscellaneous) Amendment Bill 2012
Preliminary—Part 1

Electoral (Miscellaneous) Amendment Bill 2012
Part 2—Amendment of Electoral Act 1985

Electoral (Miscellaneous) Amendment Bill 2012
Amendment of Electoral Act 1985—Part 2

South Australia
Electoral (Miscellaneous) Amendment Bill 2012
A Bill For
An Act to amend the Electoral Act 1985.

Contents
Part 1—Preliminary
1	Short title
2	Commencement
3	Amendment provisions
Part 2—Amendment of Electoral Act 1985
4	Amendment of section 4—Interpretation
5	Amendment of section 7—Remuneration and conditions of office
6	Amendment of section 21—Suppression of elector's address
7	Amendment of section 23—Rolls to be kept up to date
8	Amendment of section 29—Entitlement to enrolment
9	Repeal of Part 5 Division 2
10	Amendment of section 31A—Itinerant persons
11	Amendment of section 32—Making of claim for enrolment or transfer of enrolment
12	Amendment of section 32A—Notification of transfer within the same subdivision
13	Insertion of section 32B
32B	Enrolment or transfer of enrolment
14	Amendment of section 53—Multiple nominations of candidates endorsed by political party
15	Substitution of section 68
68	Certified list of electors
16	Amendment of section 74—Issue of declaration voting papers by post or other means
17	Insertion of section 74A
74A	Offence to distribute application form for issue of declaration voting papers
18	Amendment of section 94—Informal ballot papers
19	Amendment of section 95—Scrutiny of votes in Legislative Council election
20	Amendment of section 96—Scrutiny of votes in House of Assembly election
21	Amendment of section 112—Publication of electoral advertisements, notices etc
22	Substitution of section 112A
112A	Special provision relating to how‑to‑vote cards
23	Amendment of section 112B—Certain descriptions not to be used
24	Amendment of section 116—Published material to identify person responsible for political content

The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Electoral (Miscellaneous) Amendment Act 2012.
2—Commencement
This Act will come into operation on a day to be fixed by proclamation.
3—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
4—Amendment of section 4—Interpretation
Section 4(1)—after the definition of bribery insert:
Commonwealth Act means the Commonwealth Electoral Act 1918 of the Commonwealth;
Commonwealth roll means the roll of electors for the State of South Australia kept under section 81 of the Commonwealth Act;
5—Amendment of section 7—Remuneration and conditions of office
	(1)	Section 7(6)—delete "or Deputy Electoral Commissioner"
	(2)	Section 7—after subsection (6) insert:
	(6a)	A person appointed after the commencement of this subsection as Deputy Electoral Commissioner is so appointed for a term of 5 years and, at the expiration of a term of appointment, is eligible for reappointment.
	(6b)	However, a person so appointed as Deputy Electoral Commissioner may not hold office for consecutive terms that exceed 10 years in total.
	(3)	Section 7(9)(c)—before "having" insert:
in the case of the Electoral Commissioner—
6—Amendment of section 21—Suppression of elector's address
Section 21—after its present contents (now to be designated as subsection (1)) insert:
	(2)	If a person's address has not been included on, or has been deleted from, the Commonwealth roll under section 104 of the Commonwealth Act, the person's address must be suppressed from any roll under this Act.
7—Amendment of section 23—Rolls to be kept up to date
	(1)	Section 23(a)—delete "pursuance of claims for enrolment under this Act" and substitute:
accordance with Part 5
	(2)	Section 23—after paragraph (e) insert:
	(f)	in relation to a person who is enrolled on the Commonwealth roll—reflecting any change under the Commonwealth Act in relation to that enrolment.
8—Amendment of section 29—Entitlement to enrolment
Section 29(1) and (2)—delete subsections (1) and (2) and substitute:
	(1)	A person is entitled to be enrolled on the roll for a subdivision if—
	(a)	the person—
	(i)	has attained the age of 18 years; and
	(ii)	—
	(A)	is an Australian citizen; or
	(B)	is a person who by virtue of his or her status as a British subject was, at some time within the period of 3 months commencing on 26 October 1983, enrolled under the repealed Act as an Assembly elector or enrolled on an electoral roll maintained under a law of the Commonwealth or a Territory of the Commonwealth; and
	(iii)	has his or her principal place of residence in the subdivision and has lived at that place of residence for a continuous period of at least 1 month immediately preceding the date of the claim for enrolment; and
	(iv)	is not of unsound mind; or
	(b)	the person is properly enrolled on the Commonwealth roll, other than under section 100 of the Commonwealth Act, in respect of an address in the subdivision.
	(2)	A person is entitled to provisional enrolment on the roll for a subdivision if—
	(a)	the person—
	(i)	has attained the age of 16 years; and
	(ii)	would, if he or she had attained the age of 18 years, be entitled to be enrolled on the roll for that subdivision under subsection (1); or
	(b)	the person is properly enrolled on the Commonwealth roll under section 100 of the Commonwealth Act in respect of an address in the subdivision.
9—Repeal of Part 5 Division 2
Part 5 Division 2—delete Division 2
10—Amendment of section 31A—Itinerant persons
	(1)	Section 31A(1)(b)—delete "section 29(1)(a), (b) and (d)" and substitute:
section 29(1)(a)(i), (ii) and (iv)
	(2)	Section 31A—delete "section 29(1)(c)" wherever occurring and substitute in each case:
section 29(1)(a)(iii)
	(3)	Section 31A(2)(b)—delete "and attested as required by the Electoral Commissioner"
	(4)	Section 31A(3)(b)—delete "Division 2" and substitute:
Division 3
11—Amendment of section 32—Making of claim for enrolment or transfer of enrolment
	(1)	Section 32(1)—delete "A person" and substitute:
Subject to this Division, a person
	(2)	Section 32—after subsection (1) insert:
	(1a)	A claim for enrolment or the transfer of enrolment—
	(a)	must be made in a manner and form approved by the Electoral Commissioner; and
	(b)	must be made to an electoral registrar.
12—Amendment of section 32A—Notification of transfer within the same subdivision
Section 32A(1)—delete "An elector" and substitute:
Subject to section 32B(4), an elector
13—Insertion of section 32B
After section 32A insert:
32B—Enrolment or transfer of enrolment
	(1)	Where a claim for enrolment or transfer of enrolment made in accordance with section 32(1a) is received at the office of an electoral registrar, the electoral registrar must—
	(a)	if satisfied of the validity of the claim—enrol the claimant or transfer the enrolment of the claimant, in accordance with the claim; or
	(b)	if not satisfied of the validity of the claim—reject the claim.
	(2)	No enrolment may—
	(a)	be made on the roll for a subdivision; or
	(b)	be transferred from or to the roll for a subdivision,
on the basis of a claim received at the office of an electoral registrar or by operation of subsection (4) between the time on which rolls for an election in the relevant district close and polling day for that election.
	(3)	Where a claim is rejected, the electoral registrar must notify the claimant in writing—
	(a)	of the rejection of the claim; and
	(b)	of the reasons for its rejection; and
	(c)	of the claimant's rights under this Act to appeal against the decision.
	(4)	If a person is enrolled on the Commonwealth roll and the person's address recorded on that roll is an address in a subdivision—
	(a)	the person is, for the purposes of this Act, to be taken—
	(i)	in the case of a person enrolled on the Commonwealth roll under section 100 of the Commonwealth Act—
	(A)	to have made a claim for enrolment; and
	(B)	to be provisionally enrolled; and
	(ii)	in any other case—
	(A)	to have made a claim in accordance with this Act, or given notice under section 32A (as the case requires); and
	(B)	to be enrolled as an elector for the subdivision for the purposes of this Act; and
	(b)	the particulars on the Commonwealth roll in relation to the person are, with such modifications (if any) as an electoral registrar considers necessary for the purposes of Part 4 of this Act, to be taken to be the particulars in relation to the person on the roll for the subdivision.
14—Amendment of section 53—Multiple nominations of candidates endorsed by political party
Section 53(4)—delete subsection (4) and substitute:
	(4)	The Electoral Commissioner must, in respect of each district for which a candidate has been nominated under this section, deliver to the returning officer a copy or facsimile of the nomination paper as soon as practicable after the receipt of the nomination paper under this section (and in any event before the hour of nomination).
15—Substitution of section 68
Section 68—delete the section and substitute:
68—Certified list of electors
	(1)	The relevant electoral registrars in relation to a district must, as soon as practicable after the date fixed for the closing of the rolls for an election, supply the Electoral Commissioner with a certified list of the electors enrolled for the district.
	(2)	The Electoral Commissioner must, as soon as practicable after receipt of the certified list of electors for a district, supply the returning officer for the district with a copy of the certified list of electors.
16—Amendment of section 74—Issue of declaration voting papers by post or other means
	(1)	Section 74(4)(c)—delete "—the address of the principal place of residence" and substitute:
—
	(i)	the address of the principal place of residence; and
	(ii)	if an elector who has applied for the issue of declaration voting papers under subsection (1)(b) has provided an address to which declaration voting papers are to be issued that is different from the address of the principal place of residence—the address to which the papers are to be issued.
	(2)	Section 74—after subsection (6) insert:
	(6a)	The Electoral Commissioner must, on request, provide (in a form determined by the Electoral Commissioner)—
	(a)	the registered officer of a registered political party with a copy of the information contained in the register in relation to electors in any district who have applied for the issue of declaration voting papers under subsection (1)(b); or
	(b)	a person who is a nominated candidate in an election with a copy of the information contained in the register in relation to electors who have applied for the issue of declaration voting papers under subsection (1)(b) for—
	(i)	in the case of a person who is a candidate in an election for a House of Assembly district—that district; or
	(ii)	in the case of a person who is a candidate in a Legislative Council election—the Legislative Council district.
17—Insertion of section 74A
After section 74 insert:
74A—Offence to distribute application form for issue of declaration voting papers
	(1)	A person, other than a person authorised by the Electoral Commissioner, must not distribute, or cause or permit to be distributed, a form for the application by an elector for the issue of declaration voting papers (an application form).
Maximum penalty: $5 000.
	(2)	In this section—
distribute an application form includes make the form available (including in electronic form) to other persons.
18—Amendment of section 94—Informal ballot papers
Section 94(1)(c)—delete paragraph (c)
19—Amendment of section 95—Scrutiny of votes in Legislative Council election
Section 95(2)(f)—delete "by telegram or in some other" and substitute:
in an
20—Amendment of section 96—Scrutiny of votes in House of Assembly election
Section 96(2)(f)—delete "by telegram or in some other" and substitute:
in an
21—Amendment of section 112—Publication of electoral advertisements, notices etc
Section 112(1)—after paragraph (a) insert:
	(ab)	if the advertisement is authorised for a registered political party or a candidate endorsed by a registered political party—the party's name or, if the Register of Political Parties includes an abbreviation of the party's name, that abbreviation appears at the end; and
22—Substitution of section 112A
Section 112A—delete the section and substitute:
112A—Special provision relating to how‑to‑vote cards
	(1)	During the election period for an election, a person must not distribute, or cause or permit to be distributed, a how‑to‑vote card unless—
	(a)	the name (being the name by which the person is usually known) and address (not being a post office box) of the person who authorised the card appears at the bottom of the card; and
	(b)	if the card is authorised—
	(i)	for a registered political party or a candidate endorsed by a registered political party—the party's name or, if the Register of Political Parties includes an abbreviation of the party's name, that abbreviation; or
	(ii)	for a candidate who is not endorsed by a registered political party—the candidate's name and the word "candidate",
is stated on the card in accordance with any requirements prescribed by the regulations; and
	(c)	the card has substantially the same appearance as a how‑to‑vote card that—
	(i)	has been submitted for inclusion in posters under section 66; or
	(ii)	has been lodged with the Electoral Commissioner no later than 2 days before polling day.
Maximum penalty: $5 000.
	(2)	A how‑to‑vote card lodged with the Electoral Commissioner under subsection (1)(c)(ii) must—
	(a)	be lodged in a manner determined by the Electoral Commissioner; and
	(b)	comply with any requirements prescribed by the regulations.
	(3)	If a how‑to‑vote card is submitted to the Electoral Commissioner by or on behalf of a candidate in accordance with section 66 (the initial submitted how‑to‑vote card), any how‑to‑vote card that—
	(a)	is subsequently lodged with the Electoral Commissioner under subsection (1)(c)(ii) or distributed in relation to the same election; and 
	(b)	relates to the candidate; and
	(c)	is authorised by or for the candidate or a registered political party of which the candidate is a member,
must have substantially the same appearance as the initial submitted how‑to‑vote card.
	(4)	A person who distributes a how‑to‑vote card in contravention of subsection (3) is guilty of an offence.
Maximum penalty: $5 000.
	(5)	For the purposes of this section, how‑to‑vote cards will be taken to have substantially the same appearance if the cards are identical except for—
	(a)	the size or shape of the cards; or
	(b)	the fonts used in the cards; or
	(c)	the material or medium on which the cards are printed or published; or
	(d)	the manner in which the cards suggest that a voter indicate the order of preference for candidates on the ballot paper; or
	(e)	any other matter prescribed by the regulations for the purposes of this subsection.
	(6)	In this section—
distribute a how‑to‑vote card includes make the card available (including in electronic form) to other persons;
how‑to‑vote card includes any material that has the appearance of a how‑to‑vote card (whether published on its own or as part of any other material).
23—Amendment of section 112B—Certain descriptions not to be used
Section 112B(4), definition of distribute—after "available" insert:
(including in electronic form)
24—Amendment of section 116—Published material to identify person responsible for political content
	(1)	Section 116(1)—delete "in a journal published in electronic form on the Internet"
	(2)	Section 116(1)—delete "or broadcast on the Internet"
	(3)	Section 116(2)(a)—delete "(including a journal published in electronic form on the Internet)"
	(4)	Section 116(2)(c)—delete paragraph (c) and substitute:
	(c)	the publication in a journal of an article, letter, report or other matter if the journal contains a statement to the effect that a person whose name and address (not being a post office box) appears in the statement takes responsibility for the publication of all electoral matter published in the journal;
	(5)	Section 116(2)(d)—delete "or broadcast on the Internet"

HA GP 464-B OPC 71