Schedule 1—Special provisions for elections and polls
Part
1—Preliminary
1—Interaction with Local Government (Elections) Act 1999
(1) In this
Schedule—
(a) Part
2 operates, in relation to the Council and the City of Adelaide in
substitution for the provisions of Part 4 of the Local Government
(Elections) Act 1999 ; and
(b) Part
3 operates, in relation to the Council and the City of Adelaide, in
substitution for the provisions of Part 5 of the Local Government
(Elections) Act 1999 ; and
(c)
clause 18 operates, in relation to the Council and the City of Adelaide,
in substitution for the provisions of section 39 of the Local Government
(Elections) Act 1999 ;
(d)
clause 19 operates, in relation to the Council and the City of Adelaide,
in substitution for the provisions of section 47 of the Local Government
(Elections) Act 1999 ;
(e) Part
8 operates, in relation to the Council and the City of Adelaide, in
substitution for the provisions of Part 14 of the Local Government
(Elections) Act 1999 .
(2)
Section 13A(2)(a) of the Local Government (Elections) Act 1999 does
not apply in relation to the Council.
Part 2—Enrolment
2—Qualifications for enrolment
(1) Subject to this
Schedule 1 —
(a) a
natural person of or above the age of majority is entitled to be enrolled on
the voters roll for an area or ward if that person—
(i)
is enrolled as an elector for the House of Assembly in
respect of a place of residence within the area or ward; or
(ii)
has lodged the prescribed application with the chief
executive officer of the Council, is resident at a place of residence within
the area or ward and has been so resident for a continuous period of at least
1 month immediately preceding the date of the application; or
(iii)
is a ratepayer in respect of rateable property within the
area or ward and is the sole owner of that rateable property; or
(iv)
is a ratepayer in respect of rateable property within the
area or ward, is the sole occupier of that rateable property, and is not a
resident in respect of that rateable property; and
(b) a
body corporate is entitled to be enrolled on the voters roll for an area or
ward if it is a ratepayer in respect of rateable property within the area or
ward and is the sole owner or sole occupier of the rateable property; and
(c) a
group of persons (consisting of natural persons, bodies corporate or partly of
natural persons and partly of bodies corporate) is entitled to be enrolled as
a group on the voters roll for an area or ward if—
(i)
the members of the group are all ratepayers in respect of
rateable property within the area or ward; and
(ii)
the members of the group are joint owners, owners in
common or joint occupiers of the rateable property; and
(iii)
at least 1 member of the group (being a natural
person of or above the age of majority or a body corporate) is not enrolled on
the relevant voters roll under paragraph (a) or (b), and no member of the
group is enrolled on the relevant voters roll under paragraph (a)(i) or
(ii) as a resident in respect of the rateable property; and
(iv)
no member of the group who is an occupier of the rateable
property but not an owner is a resident in respect of the rateable property.
(2) A natural person
is entitled, without application, to provisional enrolment on the voters roll
for an area or ward if he or she is provisionally enrolled as an elector for
the House of Assembly in respect of a place of residence within the area or
ward.
(3) No enrolment will
be made on the voters roll on the basis of a claim or application received
between the time at which rolls for an election or poll close and polling day
for the election or poll.
(4) If—
(a) a
person has been enrolled as an elector under subclause (1)(a)(ii) on the
basis of residence at a particular place of residence; and
(b) the
chief executive officer sends a notice to the relevant address asking the
elector to indicate whether he or she is still resident at that address; and
(c) the
chief executive officer receives no reply within 28 days of the date of
the notice or receives a reply indicating that the elector is no longer
resident at that address,
it may be presumed, for the purposes of the revision of the voters roll, that
the elector is not still resident in the area or ward.
(5) A group of persons
may, on application to the chief executive officer in a form determined by the
chief executive officer—
(a)
nominate a name for the group for the purposes of the voters roll;
(b)
change the name for the group for the purposes of the voters roll.
(6) The chief
executive officer may reject an application under subclause (5) if the
name is, in the opinion of the chief executive officer, obscene or frivolous.
(7) Subject to the
adoption of a name under subclause (5), the chief executive officer may
determine the name of a group for the purposes of the voters roll.
(8) The name of a
group must include the word "Group" at the end.
(9) For the purposes
of subclause (1)(a)(iv) and (c)(iv), the chief executive officer is
entitled to assume (in the absence of any information in the hands of the
chief executive officer to the contrary) that a ratepayer in respect of
rateable property used for residential purposes who is a natural person and
who is (or who appears to be) an occupier but not an owner of that rateable
property is a resident in respect of that rateable property (and the voters
roll may have effect accordingly).
(10) A person must not
make a statement that is false or misleading in a material particular (whether
by reason of the inclusion or omission of any particular) in any information
provided under this clause.
Maximum penalty: $10 000.
Note—
1 Subclause (1) does not apply to the Crown
(see section 302 of the Local Government Act 1999 ).
(1) The chief
executive officer is responsible for the maintenance of a voters roll for the
area.
(2) Subject to this
clause, the voters roll must set out in relation to each person, body
corporate or group enrolled—
(a) the
full name of the person, body corporate or group; and
(b) in
the case of a natural person—the address of the person's place of
residence; and
(c) the
address of the place of residence or rateable property (as the case may be) by
virtue of which the person, body corporate or group is entitled to be
enrolled; and
(d) at
the option of the person, body corporate or group—an additional address
nominated by the person, body corporate or group (in a manner and form
determined by the chief executive officer) for the service of postal voting
papers under clause 18; and
(e) any
prescribed particulars.
(3) If the chief
executive officer is satisfied that the inclusion on the voters roll of the
address of the place of residence of a person or the address of a place of
residence or rateable property (as the case may be) by virtue of which a
person is entitled to be enrolled would place at risk the personal safety of
that person, a member of that person's family or any other person, the chief
executive officer may suppress the address from the voters roll.
(4) If the chief
executive officer is satisfied that the address of the place of residence of a
person entitled to be enrolled to vote is suppressed from a roll under the
Electoral Act 1985 , the chief executive officer must also suppress that
address from the voters roll.
(5) If an area is
divided into wards, the voters roll must differentiate the electors enrolled
on the roll according to the wards in respect of which they are entitled to
vote.
(6) The voters roll
must be maintained in a form that allows for the roll to be brought into an
up-to-date form (including by the merger of enrolment information for the
House of Assembly) within 3 weeks after the supply of relevant
information by the Electoral Commissioner under subclause (10).
(7) The voters roll
must be brought up-to-date whenever an election or poll is to be held so as to
reflect entitlements as they exist—
(a) in
the case of a periodic election—on a day fixed by the returning officer
for the close of the roll;
(b) in
the case of any other election, or a poll—on a day fixed for the close
of the roll by the proclamation or notice fixing polling day for the election
or poll.
(8) A day that falls
within the ambit of subclause (7) will be the closing date for the roll.
(9) The closing date
must not be less than—
(a) in
the case of the closing date under subclause (7)(a)—13 weeks
before polling day for the relevant election;
(b) in
the case of the closing date under subclause (7)(b)—8 weeks
before polling day for the relevant election or poll.
(10) The Electoral
Commissioner—
(a)
must, within 7 days after a closing date; and
(b) may,
at any other time,
supply the chief executive officer with a list of the persons who are, as at
the closing date or relevant time, enrolled (including those provisionally
enrolled) as electors for the House of Assembly in respect of a place of
residence within the area.
• A list may be
supplied in electronic form, or in another manner agreed between the Electoral
Commissioner and the chief executive officer.
(11) If the area of
the Council is divided into wards, the list supplied under subclause (10)
must differentiate the electors according to the wards in relation to which
they are enrolled.
(12) The Electoral
Commissioner is entitled to recover as a debt from the Council a fee of an
amount determined by the Electoral Commissioner for the supply of a list under
this clause.
(13) The voters roll
must be brought up-to-date in accordance with the requirements of
subclause (7) within 4 weeks after the relevant closing date.
(13a) For the purposes
of subclause (13), a voters roll will be taken to have been brought
up-to-date when copies of the roll are available for public inspection under
this clause.
(14) The Council must
ensure that copies of the roll are available for inspection (without charge)
by the public at the principal office of the Council.
(15) At any time
between the close of nominations and polling day for an election, a nominated
candidate for the election is entitled to obtain from the relevant council a
copy of the voters roll for the area (and he or she may, during that period,
obtain further copies of the voters roll from the Council on payment of the
fees fixed by the Council).
(16) The chief
executive officer must supply the returning officer with sufficient copies of
the voters roll, certified by the chief executive officer, for use at an
election or poll.
(17) The chief
executive officer is not responsible to check the accuracy of a list supplied
by the Electoral Commissioner under this clause and is entitled to assume that
such a list is accurate.
(18) The validity of a
voters roll is not affected by a misdescription or other error in the roll.
(19) A voters roll is
conclusive evidence of the entitlement of a person, body corporate or group
whose name appears in the roll as an elector to vote at an election or poll at
which the roll is used. 1
(20) If a copy of the
voters roll is provided to a person under this clause, a person who uses that
copy of the roll, or information contained in that copy of the roll, for a
purpose other than the distribution of matter calculated to affect the result
of a local government election or a purpose related to the holding of such an
election is guilty of an offence.
Maximum penalty: $10 000.
Note—
1 Part 3 is also relevant to determining
entitlements to vote.
Part 3—Entitlement to vote
(1) Subject to
subclause (2), a natural person who has his or her name on the voters
roll used for an election or poll as an elector in his or her own right is
entitled to vote at that election or poll.
(2) A natural person
is not entitled to vote at an election if—
(a) he
or she was provisionally enrolled; and
(b) he
or she is not, as at polling day, of or above the age of majority.
(3) A natural person
is entitled to vote at an election or poll for a body corporate which has its
name on the voters roll if—
(a) the
natural person is an officer of the body corporate; and
(b) the
natural person is acting on behalf of the body corporate (which may be assumed
on the basis of a declaration under clause 18).
(4) A natural person
is entitled to vote at an election or poll for a group which has its name on
the voters roll if—
(a) the
natural person is a member of the group or an officer of a body corporate that
is a member of the group; and
(b) the
natural person is acting on behalf of the group (which may be assumed on the
basis of a declaration under clause 18).
(5) A natural person
is not entitled to vote under subclause (3) or (4) unless he or she is of
or above the age of majority.
(6) If the name of a
natural person has been omitted in error from a voters roll used for an
election or poll, the person is, subject to this Schedule, entitled to vote at
the election or poll as if the error had not occurred.
(7) If the name of a
body corporate has been omitted in error from a voters roll used for an
election or poll, a person is, subject to this Schedule, entitled to vote at
the election or poll under subclause (3) as if the error had not
occurred.
(8) If the name of a
group has been omitted in error from a voters roll used for an election or
poll, a person is, subject to this Schedule, entitled to vote at the election
or poll under subclause (4) as if the error had not occurred.
(9) A natural person
cannot vote at an election or poll for another natural person pursuant to a
power of attorney.
(10) A natural person
may only vote in 1 capacity at an election or poll for the City of
Adelaide (but this clause does not prevent a person voting at 2 or more
elections for the City of Adelaide held on the same day).
5—Entitlement to stand for election
(1) Subject to this
Schedule and the Local Government Act 1999 , a person is eligible to be a
candidate for election as a member of the Council if—
(a) the
person is an Australian citizen; and
(i)
the person is an elector for the area; or
(ii)
the person is the nominee of a body corporate which has
its name on the voters roll for the area; or
(iii)
the person is the nominee of a group which has its name
on the voters roll for the area; or
(iv)
the person's name has been omitted in error from the
voters roll for the area, or the person is the nominee of a body corporate or
group which has had its name omitted in error from the voters roll for the
area (and would be eligible for nomination under subparagraph (ii) or
(iii) (as the case may be) were the name on the roll).
(2)
Subclause (1)(b) operates subject to the following qualifications:
(a) a
nominee of a body corporate must be an officer of the body corporate;
(b) a
nominee of a group must be a member of the group, or an officer of a body
corporate that is a member of the group;
(c) a
body corporate or group cannot nominate more than one person for a particular
election;
(d) a
body corporate or group cannot nominate a person who has not attained the age
of majority.
(3) A person is not
eligible to be a candidate for election as a member of the Council if the
person—
(a) is a
member of an Australian Parliament; or
(b) is
an undischarged bankrupt or is receiving the benefit of a law for the relief
of insolvent debtors; or
(c) has
been sentenced to imprisonment and is, or could on the happening of some
contingency become, liable to serve the sentence or the remainder of the
sentence; or
(d) is
an employee of the Council; or
(e) is
disqualified from election by court order under the Local Government
Act 1999 .
(4) A person is not
eligible to be a candidate for election as a member of the Council if the
person—
(a) in
the case of a supplementary election—is a member of another council; or
(b) in
the case of any election—is a candidate for election as a member of
another council.
Part 7—Special provisions relating to postal voting
18—Issue of postal voting papers
(1) The returning
officer must, as soon as practicable after the twenty first day before polling
day, and in any event not later than 14 days before polling day, issue to
every natural person, body corporate or group who or which has his, her or its
name on the voters roll used for the purposes of the election or poll postal
voting papers consisting of—
(a) a
ballot paper (or, in an appropriate case, ballot papers) authenticated to the
satisfaction of the returning officer; and
(b) an
opaque envelope bearing a declaration (in a form determined by the Electoral
Commissioner), to be completed by the voter, declaring the voter's date of
birth and—
(i)
that the ballot paper contained in the envelope contains
his or her vote; and
(ii)
that he or she has not already voted at the election or
poll; and
(iii)
if the voting papers are issued to a body corporate or
group—that he or she is eligible to vote and is acting on behalf of the
body corporate or group.
(2) The declaration
under subclause (1) must appear on a tear-off extension to the envelope
flap.
(3) An envelope used
under subclause (1) must be—
(a) a
pre-paid post envelope addressed to the returning officer; or
(b)
accompanied by a pre-paid post envelope addressed to the returning officer,
and must comply with any prescribed requirement.
(4) Postal voting
papers must also be issued to any person, body corporate or group of persons
whose name does not appear on the voters roll but who claims to be entitled to
vote at the election or poll and applies to the returning officer for voting
papers not later than 5 pm on the seventh day before polling day.
(5) Postal voting
papers issued under subclause (4) must also include a declaration (in a
form determined by the Electoral Commissioner) for the voter to set out the
grounds on which an entitlement to vote is claimed.
(6) Postal voting
papers issued under this clause must be accompanied by an explanatory notice
and a set of candidate profiles that comply with the regulations and may be
accompanied by other material determined by the returning officer.
(7) Postal voting
papers may be issued under this clause—
(a) by
giving them to the prospective voter personally; or
(b) by
sending them by post—
(i)
to a prospective voter at the appropriate address on the
voters roll; or
(ii)
in the case of a body corporate or group (without
limiting any other method of delivery)—to the body corporate or group at
an address nominated by the body corporate or group in a manner determined or
approved by the returning officer; or
(iii)
in the case of a prospective voter whose name and address
do not appear on the voters roll—at some other address of which the
returning officer has received notice in a manner determined or approved by
the returning officer.
(8) The returning
officer must keep a record of the electors and other persons to whom voting
papers are issued under this clause.
(9) If postal voting
papers are returned because they have not been able to be successfully
delivered, the returning officer must retain those voting papers in a secure
place. 1
(10) The returning
officer is not obliged to check the date of birth of a voter, or any other
information, provided under this clause (but may do so on a selective, random
or other basis determined by the returning officer).
(11) A vote may be
admitted to the count notwithstanding that the voter's date of birth has not
been declared (or accurately declared) under this clause, or that there has
been some other formal defect or error on the part of the voter in complying
with the requirements of this clause (unless the returning officer is of the
opinion that the defect or error is sufficiently significant to warrant the
rejection of the vote).
(12) The returning
officer is not required to issue postal voting papers under this clause with
respect to a person who the returning officer has reason to believe has died.
Note—
1 Fresh voting papers may be subsequently issued
under section 43 of the Local Government (Elections) Act 1999 .
(2) For the purposes
of the scrutiny of voting papers for each election or poll, the returning
officer will, with the assistance of any other electoral officers who may be
present, and in the presence of any scrutineers who may be present—
(a)
examine the declarations on all envelopes used for voting (and validly
returned) and determine which votes are to be accepted for further scrutiny
and which rejected from further scrutiny, rejecting unopened—
(i)
any envelope that forms part of a set of voting papers
that have been cancelled under this Schedule;
(ii)
any two or more envelopes where it appears to the
returning officer that the voter has acted in more than one capacity at the
particular election or poll;
(iii)
any envelope where the voter's name does not appear on
the voters roll, unless the voter is voting on behalf of a body corporate or
group of persons in accordance with this Schedule, or unless the voter's name
has been omitted from the roll in error;
(iv)
any envelope where the voter is purporting to be voting
on behalf of a body corporate or group of persons but the returning officer
concludes that the voter is in fact attempting to exercise an unauthorised
vote;
(v)
any envelope where the signature does not, to the
satisfaction of the returning officer, correspond with the signature on the
application (if any) of the voter for the relevant voting papers;
(b) tear
off the extensions to the envelope flaps on the envelopes accepted under
paragraph (a);
(c)
rearrange the envelopes that no longer bear their tear-off extensions so that
the anonymity of voters is maintained;
(d)
remove the ballot papers from those envelopes;
(e) if
an envelope contains more than one ballot paper and a scrutineer challenges
the number of ballot papers contained in the envelope—satisfy himself or
herself that the envelope does not contain more ballot papers than the number
to which the voter is entitled and, if the returning officer is not so
satisfied, return all of those ballot papers to the envelope and reject them
from the count;
(f)
examine the remaining ballot papers and reject any informal ballot papers;
(g)
arrange all unrejected ballot papers into appropriate parcels for counting.
Part 8—Campaign donations and expenditure
Division 1—Preliminary
In this Part—
disposition of property means a conveyance, transfer, assignment, settlement,
delivery, payment or other alienation of property, and includes—
(a) the
allotment of shares in a company; and
(b) the
creation of a trust in property; and
(c) the
grant or creation of a lease, mortgage, charge, servitude, licence, power or
partnership or any interest in property; and
(d) the
release, discharge, surrender, forfeiture or abandonment, at law or in equity,
of a debt, contract or chose in action or any interest in property; and
(e) the
exercise by a person of a general power of appointment of property in favour
of another person; and
(f) a
transaction entered into by a person with intent thereby to diminish, directly
or indirectly, the value of the person's own property and to increase the
value of the property of another person;
electoral advertisement means an advertisement containing electoral material;
electoral material means an advertisement, notice, statement or representation
calculated to affect the result of an election or poll;
gift means a disposition of property made by a person to another person,
otherwise than by will, being a disposition made without consideration in
money or money's worth or with inadequate consideration, and includes the
provision of a service (other than volunteer labour) for no consideration or
for inadequate consideration;
journal means a newspaper, magazine or other periodical, whether published for
sale or for distribution without charge;
property includes money.
Division 2—Returns
(1) A person who is a
candidate for election to an office of the Adelaide City Council must furnish
to the returning officer, in accordance with the requirements of this
Part—
(a) at
the prescribed times—a campaign donations return under this Division;
and
(b)
within 30 days after the conclusion of the election—a campaign
expenditure return under this Division; and
(c)
within the period applying under clause 24A(1)—a large gifts return
under this Division.
(2) A return under
this Division must be in the form determined by the returning officer and
completed and furnished in the manner determined by the returning officer.
(3) For the purposes
of this clause, the prescribed times for furnishing a campaign donations
return are—
(a)
within 7 days of the end of the period commencing from the start of the
disclosure period for the election (within the meaning of clause 24B(a))
and ending—
(i)
in the case of a periodic election—21 days
after the close of nominations; or
(ii)
in any other case—7 days after the close of
nominations; and
(b)
within 30 days after the conclusion of the election.
(1) Subject to this
clause and clause 24B, a campaign donations return for a candidate for
election to an office of the Adelaide City Council must set out—
(a) the
total amount or value of all gifts received by the candidate during the
disclosure period; and
(b) the
number of persons who made those gifts; and
(c) the
amount or value of each gift; and
(d) the
date on which each gift was made; and
(e) in
the case of each gift made on behalf of the members of an unincorporated
association—
(i)
the name of the association; and
(ii)
the names and addresses of the members of the executive
committee (however described) of the association; and
(f) in
the case of each gift purportedly made out of a trust fund or out of the funds
of a foundation—
(i)
the names and addresses of the trustees of the fund or of
the funds of the foundation; and
(ii)
the title or other description of the trust fund or the
name of the foundation, as the case requires; and
(g) in
the case of each other gift—the name and address of the person who made
the gift.
(2) A campaign
donations return need not set out any details required by subclause (1)
in respect of—
(a) a
private gift made to the candidate; or
(b) a
gift if the amount or value of the gift is less than $500; or
(c) a
gift disclosed in a large gifts return under clause 24A.
(4) If no details are
required to be included in a return under this clause for a candidate, the
return must nevertheless be lodged and must include a statement to the effect
that no gifts of a kind required to be disclosed were received.
(a) a
candidate for election to an office of the Adelaide City Council receives a
gift or gifts from a person during the disclosure period; and
(b) the
total amount or value of the gift or gifts is more than the prescribed amount,
the candidate must, within the prescribed period, furnish a return to the
returning officer.
(2) A large gifts
return must set out—
(a) the
amount or value of each gift; and
(b) the
date on which each gift was made; and
(c)
—
(i)
if the gift or gifts were made on behalf of the members
of an unincorporated association—
(A) the name of the association; and
(B) the names and addresses of the members
of the executive committee (however described) of the association; or
(ii)
if the gift or gifts were purportedly made out of a trust
fund or out of the funds of a foundation—
(A) the names and addresses of the trustees
of the fund or of the funds of the foundation; and
(B) the title or other description of the
trust fund or the name of the foundation, as the case requires; or
(iii)
in any other case—the name and address of the
person who made the gift or gifts.
(3) A large gifts
return need not be furnished in respect of a private gift made to the
candidate.
24B—Disclosure period etc for returns
For the purposes of clauses 24 and 24A—
(a) the
disclosure period is the period that commenced—
(i)
in relation to a candidate in an election who was a new
candidate (other than a candidate referred to in
subparagraph (ii))—12 months before polling day for the
election; or
(ii)
in relation to a candidate in an election who was a new
candidate and when they became a candidate in the election was a member of the
Council by virtue of having been appointed under the
Local Government Act 1999 —on the day on which the person was so
appointed as a member of the Council; or
(iii)
in relation to a candidate in an election who was not a
new candidate—at the end of 21 days after polling day for the last
preceding election in which the person was a candidate,
and that ended, in any of the above cases, at the end of 21 days after
polling day for the election; and
(b) a
candidate is a new candidate , in relation to an election, if the person had
not been a candidate in the last general election of a council and had not
been a candidate at a supplementary election held after the last general
election of a council; and
(c) 2 or
more gifts (excluding private gifts) made by the same person to a candidate
during the disclosure period are to be treated as 1 gift; and
(d) a
gift made to a candidate is a private gift if it is made in a private capacity
to the candidate for their personal use and the candidate has not used, and
will not use, the gift solely or substantially for a purpose related to an
election.
25—Campaign expenditure return
(1) Subject to this
clause, a campaign expenditure return for a candidate for election to an
office of the Adelaide City Council must set out details of all campaign
expenditure in relation to the election incurred by or with the authority of
the candidate.
(2) For the purposes
of this clause, campaign expenditure, in relation to an election, is
expenditure incurred on—
(a) the
broadcasting of an electoral advertisement relating to the election; or
(b) the
publishing in a journal of an electoral advertisement relating to the
election; or
(c) the
display at a theatre or other place of entertainment, of an electoral
advertisement relating to the election; or
(d) the
production of an electoral advertisement relating to the election, being an
advertisement that is broadcast, published or displayed as mentioned in
paragraph (a), (b) or (c); or
(e) the
production of any material (not being material referred to in
paragraph (a), (b) or (c)) that is required under section 27 of the
Local Government (Elections) Act 1999 to include the name and address of
the author of the material or of the person who is the printer of the material
(in the case of printed electoral material); or
(f)
consultants' or advertising agents' fees in respect of—
(i)
services relating to the election; or
(ii)
material relating to the election; or
(g) the
carrying out of an opinion poll, or other research, relating to the election;
or
(h) the
production and distribution of electoral material that is addressed to
particular persons or organisations; or
(i)
other matters or items of a prescribed kind.
(3) If a candidate
incurred campaign expenditure of a total amount not exceeding $500 in relation
to an election (or incurred no campaign expenditure), the return may be lodged
as a "Nil" return.
26—Certain gifts not to be received
(1) It is unlawful for
a member of the Adelaide City Council to receive a gift made to or for the
benefit of the member the amount or value of which is not less than $500
unless—
(a) the
name and address of the person making the gift are known to the member; or
(b) at
the time when the gift is made, the person making the gift gives to the member
his or her name and address and the member has no grounds to believe that the
name and address so given are not the true name and address of the person
making the gift.
(2) It is unlawful for
a candidate in an election, or a person acting on behalf of a candidate in an
election, to an office of the Adelaide City Council to receive a gift made to
or for the benefit of the candidate the amount or value of which is not less
than $500 unless—
(a) the
name and address of the person making the gift are known to the person
receiving the gift; or
(b) at
the time when the gift is made, the person making the gift gives to the person
receiving the gift his or her name and address and the person receiving the
gift has no grounds to believe that the name and address so given are not the
true name and address of the person making the gift.
(3) For the purposes
of this clause—
(a) a
reference to a gift made by a person includes a reference to a gift made on
behalf of the members of an unincorporated association;
(b) a
reference to the name and address of a person making a gift is—
(i)
in the case of a gift made on behalf of the members of an
unincorporated association—a reference to—
(A) the name of the association; and
(B) the names and addresses of the members
of the executive committee (however described) of the association; and
(ii)
in the case of a gift purportedly made out of a trust
fund or out of the funds of a foundation—a reference to—
(A) the names and addresses of the trustees
of the fund or of the funds of the foundation; and
(B) the title or other description of the
trust fund or the name of the foundation, as the case requires;
(c) a
person who is a candidate in an election is to be taken to remain a candidate
for 30 days after the polling day for the election;
(d) a
reference to a candidate in an election includes a reference to a person who
is already a member of the Council.
(4) If a person
receives a gift that, by virtue of this clause, it is unlawful for the person
to receive, an amount equal to the amount or value of the gift is payable by
that person to the Crown and may be recovered by the Crown as a debt by
action, in a court of competent jurisdiction, against the person.
27—Inability to complete returns
If a person who is required to furnish a return under this Division considers
that it is impossible to complete the return because he or she is unable to
obtain particulars that are required for the preparation of the return, the
person may—
(a)
prepare the return to the extent that it is possible to do so without those
particulars; and
(b)
furnish the return so prepared; and
(c) give
to the returning officer notice in writing—
(i)
identifying the return; and
(ii)
stating that the return is incomplete by reason that he
or she is unable to obtain certain particulars; and
(iii)
identifying those particulars; and
(iv)
setting out the reasons why he or she is unable to obtain
those particulars; and
(v)
if the person believes, on reasonable grounds, that
another person whose name and address he or she knows can give those
particulars—stating that belief and the reasons for it and the name and
address of that other person,
and a person who complies with this clause is not, by reason of the omission
of those particulars, to be taken, for the purposes of this Division, to have
furnished a return that is incomplete.
(1) A person who has
furnished a return under this Division may request the permission of the
returning officer to make a specified amendment of the return for the purpose
of correcting an error or omission.
(2) A request under
subclause (1) must—
(a) be
by notice in writing signed by the person making the request; and
(b) be
lodged with the returning officer.
(3) If—
(a) a
request has been made under subclause (1); and
(b) the
returning officer is satisfied that there is an error in, or omission from,
the return to which the request relates,
the returning officer must amend the return, or permit the person making the
request to amend the return, in accordance with the request.
(4) The amendment of a
return under this clause does not affect the liability of a person to be
convicted of an offence arising out of the furnishing of the return.
(1) A person who fails
to furnish a return that the person is required to furnish under this Division
within the time required by this Division is guilty of an offence.
Maximum penalty: $10 000.
(2) A person who
furnishes a return or other information—
(a) that
the person is required to furnish under this Division; and
(b) that
contains a statement that is, to the knowledge of the person, false or
misleading in a material particular,
is guilty of an offence.
Maximum penalty: $10 000.
(3) A person who
furnishes to another person who is required to furnish a return under this
Division information—
(a) that
the person knows is required for the purposes of that return; and
(b) that
is, to that person's knowledge, false or misleading in a material particular,
is guilty of an offence.
Maximum penalty: $10 000.
(4) An allegation in a
complaint that a specified person had not furnished a return of a specified
kind as at a specified date will be taken to have been proved in the absence
of proof to the contrary.
30—Failure to comply with Division
(1) If a person who is
required to furnish a return under this Division fails to submit the return
within the time required by this Division, the returning officer must as soon
as practicable notify the person of that fact.
(2) A notification
under subclause (1) must be given by letter sent to the person by
registered mail.
(3) A failure of a
person to comply with a provision of this Division in relation to an election
does not invalidate that election.
Note—
The office of a member of a council who fails to submit a return may become
vacant under Chapter 5 Part 2 of the Local Government Act 1999
.
Division 3—Public access to information
31—Public inspection of returns
(1) The returning
officer must keep at their principal office each return furnished to the
returning officer under Division 2.
(2) The returning
officer must—
(a) in
the case of a large gifts return—within the prescribed period after the
return is received by the returning officer; and
(b) in
the case of a campaign donations return required to be furnished at the
prescribed time applying under clause 23(3)(a)—within 7 days
after that prescribed time; and
(c) in
the case of a campaign donations return required to be furnished at the
prescribed time applying under clause 23(3)(b)—within 8 weeks
after that prescribed time; and
(d) in
any other case—at the end of 8 weeks after the day before which the
return was required to be furnished to the returning officer,
make a copy of each return available on a website maintained by the returning
officer.
(5) The returning
officer is only required to keep a return under this clause for a period of 4
years following the election to which the return relates.
32—Restrictions on publication
(1) A person must not
publish—
(a)
information derived from a return under Division 2 unless the information
constitutes a fair and accurate summary of the information contained in the
return and is published in the public interest; or
(b)
comment on the facts set forth in a return under Division 2 unless the comment
is fair and published in the public interest and without malice.
(2) If information or
comment is published by a person in contravention of subclause (1), the
person, and any person who authorised the publication of the information or
comment, is guilty of an offence.
Maximum penalty: $10 000.
Division 4—Related matters
33—Requirement to keep proper records
(1) A person must take
reasonable steps to keep in his or her possession all records relevant to
completing a return under this Part.
Maximum penalty: $5 000.
(2) A person must keep
a record under subclause (1) for at least 4 years after the date on which
the relevant return is required to be furnished to the returning officer under
this Part.
Maximum penalty: $5 000.
(1) For the purposes
of this Part, the amount or value of a gift consisting of or including a
disposition of property other than money is, if the regulations so provide, to
be determined in accordance with principles set out or referred to in the
regulations.
(2) For the purposes
of this Part—
(a) a
body corporate and any other body corporate that is related to the
first-mentioned body corporate is to be taken to be the same person; and
(b) the
question whether a body corporate is related to another body corporate is to
be determined in the same manner as under the Corporations Law .
(3) For the purposes
of this Part, an act performed by a person or committee appointed or formed to
assist the campaign of a candidate in an election will be taken to be an act
performed by the candidate.