South Australian Consolidated Acts

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ELECTORAL ACT 1985 - SECT 4

4—Interpretation

        (1)         In this Act, unless the contrary intention appears—

"abbreviation", in relation to the name of a political party, includes an alternative name of the party;

"authorised witness" means a person (not being a candidate in an election) who is over, or apparently over, the age of 18 years;

"bribery" means an offence against section 109;

"counting centre" means premises at which the scrutiny of ballot papers is being, or is to be, conducted;

"declaration ballot paper" means the ballot paper of a voter who makes a declaration vote;

"declaration voting papers", in relation to an election, means—

            (a)         the ballot paper for the election; and

            (b)         an envelope endorsed with a declaration to be made by the voter;

"election period", in relation to an election, means the period commencing on the issue of the writ for the election and expiring at 6 p.m. on polling day;

"elector" means a person whose name appears on a roll as an elector (not being a person under the age of 18 years who is provisionally enrolled) and includes a person whose name should appear on a roll as an elector but has been, by error, omitted from the roll;

"electoral advertisement" means an advertisement containing electoral matter;

"the Electoral Commissioner" means the person for the time being holding, or acting in, the office of the Electoral Commissioner under this Act;

"electoral district" or "district" means—

            (a)         in relation to a Legislative Council election—the whole of the State;

            (b)         in relation to a House of Assembly election—a district for the return of a member of the House of Assembly;

"electoral matter" means matter calculated to affect the result of an election;

"electoral paper" means any document or form for use under this Act;

"electoral roll" or "roll" means an electoral roll kept under this Act;

"electoral visitor" means an electoral visitor appointed by the Electoral Commissioner;

"general election" means a general election of members of the House of Assembly;

"the hour of nomination" means 12 noon on the day fixed by a writ for the nomination;

"how-to-vote card" means a card, in the form of a ballot paper, indicating the manner in which a particular candidate or group of candidates suggests that a vote should be recorded by a voter;

"institution" means—

            (a)         a hospital; or

            (b)         a convalescent home; or

            (c)         a nursing home; or

            (d)         a home for the aged; or

            (e)         a hostel for the aged or infirm; or

            (f)         a prison or other place of confinement; or

            (g)         an institution of a prescribed kind,

or any part of an institution as defined above;

"name", of a candidate for election, includes a name by which the candidate is generally known;

"officer" means a person appointed to an office under this Act or assisting the Electoral Commissioner in the administration of this Act or engaged by the Electoral Commissioner under this Act;

"ordinary vote" means a vote that is not a declaration vote;

"organisation" means an incorporated or unincorporated association, group or organisation (including an association, group or organisation that constitutes a branch or division of a larger association, group or organisation);

"political party" means an organisation of which an object or activity is the promotion of the election to the House of Assembly or the Legislative Council of a candidate or candidates endorsed by it;

"polling booth" means a building, structure, vehicle or enclosure or part of a building, structure, vehicle or enclosure, for taking votes at an election;

"polling place" means a place appointed as a polling place under this Act;

"registered name", in relation to a registered political party, means the name of the party, or an abbreviation of the name of the party, entered in the Register of Political Parties under Part 6;

"registered officer", in relation to a registered political party, means the person shown on the Register of Political Parties as the registered officer of that party and includes a person nominated by that registered officer as his or her deputy;

"registered political party" means a political party registered under Part 6;

"registered voting ticket" means a voting ticket lodged under section 63;

"Register of Political Parties" means the register of political parties kept under Part 6;

"remote subdivision" means a subdivision declared by the Electoral Commissioner under section 15 to be a remote subdivision;

"returning officer" includes an assistant returning officer;

"scrutiny" of ballot papers includes the counting of the votes recorded on ballot papers;

"subdivision" means a subdivision of a district and, in relation to a district that is not divided into subdivisions, means the whole of the district;

"to publish" includes to authorise, cause or permit to be published;

"undue influence" means an offence against section 110;

"voting papers", in relation to an election, means any ballot paper or declaration voting papers required by an elector for the purpose of voting at the election;

"voting ticket" means a written statement of a particular order in which a voter might allocate preferences in an election, being a statement for use under this Act in interpreting the votes of voters who—

            (a)         in relation to a Legislative Council election—choose to vote in accordance with the voting ticket;

            (b)         in relation to a House of Assembly election—do not indicate an order of preference covering all candidates;

"voting ticket square" means a square printed on a ballot paper for a Legislative Council election for use by voters who choose to vote in accordance with a voting ticket or voting tickets that have been registered under this Act in relation to a candidate or group;

"writ" means a writ for an election.

        (2)         For the purposes of this Act, an organisation endorses a candidate in an election if a part of the organisation, or some other organisation of which the organisation is part, endorses the candidate in the election.



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