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

Contents
1	Short title
2	Commencement
3	Interpretation
4	Prescribed declaration (Schedule 1—clause 5(1)(a)(ii))
5	Nominations
6	Notice of use of postal voting
7	Postal voting papers
8	Campaign donations and expenditure
Schedule—Prescribed forms
Legislative history

1—Short title
These regulations may be cited as the City of Adelaide (Elections and Polls) Regulations 1998.
2—Commencement
These regulations will come into operation on the day on which they are made.
3—Interpretation
	(1)	In these regulations—
Act means the City of Adelaide Act 1998.
	(2)	In these regulations, a reference to a form of a particular number is a reference to the form of that number set out in the Schedule.
4—Prescribed declaration (Schedule 1—clause 5(1)(a)(ii))
For the purposes of clause 5(1)(a)(ii) of Schedule 1 of the Act, the declaration set out as Form 1 is prescribed.
5—Nominations
	(1)	For the purposes of clause 9(1) of Schedule 1 of the Act—
	(a)	a candidate for election pursuant to clause 8(1)(a) of that Schedule may nominate by delivering or causing to be delivered to the returning officer before the close of nominations a duly completed form in the form set out as Form 2;
	(b)	a candidate for election pursuant to clause 8(1)(b) of that Schedule may be nominated by delivering or causing to be delivered to the returning officer before the close of nominations a duly completed form in the form set out as Form 3;
	(c)	a candidate for election pursuant to clause 8(1)(c) of that Schedule may be nominated by delivering or causing to be delivered to the returning officer before the close of nominations a duly completed form in the form set out as Form 4;
	(d)	a candidate for election pursuant to clause 8(1)(d) of that Schedule may nominate, or may be nominated (as the case requires) by delivering or causing to be delivered to the returning officer before the close of nominations—
	(i)	a duly completed form in the form set out as Form 2, 3 or 4 (depending on whether the candidate is a person whose name has been omitted in error from the voters roll, is a nominee of a body corporate which has had its name omitted in error from the voters roll, or is a nominee of a group of persons who have had their names omitted in error from the voters roll); and
	(ii)	a duly completed form in the form set out as Form 5.
	(2)	For the purposes of clause 9(2)(a) of Schedule 1 of the Act, the declarations contained in Forms 2, 3 and 4 (as the case requires) are prescribed.
	(3)	Pursuant to clause 9(2)(b) of Schedule 1 of the Act, a nomination must be accompanied by a profile of the candidate that complies with the following requirements:
	(a)	the profile must be in typed or printed form; and
	(b)	the profile must not exceed 150 words; and
	(c)	the profile must be accurate and must not—
	(i)	be misleading; or
	(ii)	contain offensive or obscene material; or
	(iii)	refer to another person who has nominated as a candidate for election to the council (whether at the same election or any other election to be held on the same day) without the written consent of that person; or
	(iv)	comment on decisions or actions that have been made or taken by the council or on the decisions or actions of past or present members of the council; and
	(d)	the profile must be signed and dated by the candidate (but this signature and date will not form part of the profile for the purposes of regulation 7(3)(b)).
	(3a)	If—
	(a)	a profile submitted with a nomination form exceeds 150 words; and
	(b)	the candidate has not reduced the size of the profile to 150 words or less by the close of nominations,
the returning officer will exclude from the profile all words appearing after the 150th word (other than the signature and date).
	(3b)	The returning officer is not responsible for checking the accuracy of any information included in a profile and the returning officer bears no liability with respect to the publication of a profile under the Act and these regulations.
	(3c)	A written consent required under subregulation (3)(c)(iii) must be lodged with the profile.
	(3d)	Nothing in subregulation (3)(c) prevents a profile including declarations of public policy or promises of public action.
	(3e)	A profile under subregulation (3) may include a photograph of the candidate.
	(3f)	A photograph included in a profile must comply with the following requirements:
	(a)	unless otherwise approved by the returning officer, the photograph must be the same size as an Australian passport photograph; and
	(b)	the photograph must only (or predominantly) show the head and shoulders of the candidate; and
	(c)	the photograph must have been taken within the preceding period of 12 months; and
	(d)	the photograph must bear on its back an endorsement by the candidate to the effect that the photograph is a photograph of the candidate that has been taken within the preceding 12 months.
	(4)	For the purposes of clause 9(3) of Schedule 1 of the Act, the notice set out as Form 6 is prescribed.
6—Notice of use of postal voting
	(1)	For the purposes of clause 11 of Schedule 1 of the Act, information to the following effect is prescribed:
	(a)	that the specified election or poll will be conducted entirely by means of postal voting and that no polling booth will be open for voting on polling day;
	(b)	that voting papers will be issued by post to every natural person, body corporate and group who or which has his, her or its name on the voters roll to be used for the purposes of the election or poll or, at the discretion of the returning officer, by personal delivery to potential voters at certain locations;
	(c)	that the voting papers being issued by post should be delivered to persons, bodies corporate and groups on the voters roll not later than a date specified by the returning officer1;
	(d)	that a person who does not receive voting papers but who believes that he or she is entitled to exercise a vote at the election or poll may take specified steps to apply for voting papers.
	(2)	A notice under clause 11 of Schedule 1 of the Act may include other information which may, in the opinion of the returning officer, assist prospective voters to understand the postal voting system and processes under the Act and to participate in the election or poll.
Note—
1	This date must be consistent with clause 12(1) of Schedule 1 of the Act.
7—Postal voting papers
	(1)	For the purposes of clause 12(1) and (5) of Schedule 1 of the Act, the declarations set out as Forms 7 and 8 are prescribed (to be used as appropriate).
	(2)	Pursuant to subclause (3) of clause 12 of Schedule 1 of the Act, envelopes used under subclause (1) of that clause 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.
	(3)	For the purposes of subclause (6) of clause 12 of Schedule 1 of the Act, postal voting papers issued under that clause must be accompanied by—
	(a)	an explanatory notice prepared by the returning officer which outlines the steps which a voter must follow in order to comply with the requirements of clause 14 of Schedule 1 of the Act; and
	(b)	in the case of an election, an information sheet prepared by the returning officer which sets out the profiles and photographs submitted by candidates under these regulations.
8—Campaign donations and expenditure
For the purposes of clause 23 of Schedule 1 of the Act—
	(a)	a campaign donations return must be in the form set out as Form 9; and
	(b)	a campaign expenditure return must be in the form set out as Form 10.

Schedule—Prescribed forms

Legislative history
Notes
	•	Variations of this version that are uncommenced are not incorporated into the text.
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes.
Principal regulations and variations
New entries appear in bold.
Year	No	Reference	Commencement	
1998	185	Gazette 8.10.1998 p1076	8.10.1998: r 2	
1999	256	Gazette 9.12.1999 p3279	1.1.2000: r 2	
2002	35	Gazette 23.5.2002 p1982	23.6.2002: r 2	
2005	249	Gazette 1.12.2005 p4097	1.1.2006: r 2	
Provisions varied
New entries appear in bold.
Provision	How varied	Commencement	
r 4	substituted by 256/1999 r 3	1.1.2000	
r 5			
r 5(3)	substituted by 256/1999 r 4	1.1.2000	
r 5(3a)—(3e)	inserted by 256/1999 r 4	1.1.2000	
r 5(3f)	inserted by 256/1999 r 4	1.1.2000	
	varied by 35/2002 r 3	23.6.2002	
r 7			
r 7(2)	varied by 256/1999 r 5(a)	1.1.2000	
r 7(3)	varied by 256/1999 r 5(b)	1.1.2000	
Sch			
Form 2	substituted by 256/1999 r 6(a)	1.1.2000	
	varied by 35/2002 r 4(a)	23.6.2002	
Form 3	substituted by 256/1999 r 6(a)	1.1.2000	
	varied by 35/2002 r 4(b)	23.6.2002	
Form 4	substituted by 256/1999 r 6(a)	1.1.2000	
	varied by 35/2002 r 4(c)	23.6.2002	
Form 5			
Instruction 8	varied by 256/1999 r 6(b)	1.1.2000	
Form 7	substituted by 256/1999 r 6(c)	1.1.2000	
	substituted by 35/2002 r 4(d)	23.6.2002	
Form 8	substituted by 256/1999 r 6(c)	1.1.2000