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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Constitution (Council Member Contesting Election)
Amendment Bill 2017
A BILL FOR
An Act to amend the
Constitution
Act 1934
.
Contents
Part 2—Amendment of Constitution
Act 1934
45ACouncil member
contesting election
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Constitution (Council Member Contesting
Election) Amendment Act 2017.
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 Constitution
Act 1934
After section 45 insert:
45A—Council member contesting
election
(1) If a person holding
office as a member of a council (within the meaning of the
Local
Government Act 1999
) stands as a candidate for election as a member of Parliament, the
following provisions apply:
(a) if the member is
endorsed as a candidate for election by a registered political party—the
member will be taken to have been granted leave of absence from the office of
member of the council from the date of the issue of the writ for the election
until the close of poll on polling day;
(b) if the member is
not endorsed as a candidate for election by a registered political
party—the member will be taken to have been granted leave of absence from
the office of member of the council from the date on which nominations for the
election close until the close of poll on polling day.
(2) If the nomination as a candidate for election of a member of a council
referred to in
subsection (1)
is revoked (as a result of the member's withdrawal of their consent to
stand as a candidate)—
(a) in the case of a member referred to in
paragraph (a)
—the leave of absence under that paragraph ceases on the date of the
revocation of the nomination; or
(b) in the case of a member referred to in
paragraph (b)
—that paragraph will not apply (so that the leave of absence will not
commence under
paragraph (b)
).
(3) A person who is on leave of absence from the office of member of a
council under this section must not carry out any function or duty of that
office during the period of leave.