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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Electoral (Cost of By-elections) Amendment
Bill 2009
A BILL FOR
An Act to amend the Electoral Act 1985.
Contents
Part 1—Preliminary
1 Short
title
2 Amendment provisions
Part 2—Amendment of Electoral
Act 1985
3 Insertion of section
53B
53B Certain nominations must not be
received
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Electoral (Cost of By-elections) Amendment
Act 2009.
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
After section 53A insert:
53B—Certain nominations must not be
received
(1) This section applies if a by-election is to be held to fill a casual
vacancy in the membership of the House of Assembly caused by the resignation of
a member who was, immediately before resigning, a member of a registered
political party.
Note—
This section will not apply to a by-election held to fill a casual vacancy
caused by the death of a member or by vacation of a member's seat in accordance
with section 31 of the Constitution Act 1934.
(2) The Electoral Commissioner must, as soon as practicable after the
issue of the writ for the election, serve on the registered officer of the
registered political party a written notice requiring the party to pay to the
Electoral Commissioner an amount specified in the notice (being the Electoral
Commissioner's estimate of the reasonable costs to the Crown of holding the
by-election).
(3) The registered officer of the registered political party may not
nominate a person as a candidate endorsed by the party for the election unless
the party has paid the amount specified in the notice under
subsection (2).
(4) If the amount specified in the notice is not paid on or before the
date on which the by-election is held, the Electoral Commissioner may recover
the amount from the registered political party as a debt.
(5) The Electoral Commissioner may determine that this section does not
apply to the resignation of a member if the Electoral Commissioner is satisfied
that the resignation was reasonably necessary due to circumstances beyond the
member's control (and if the Electoral Commissioner makes such a determination
after serving a notice under this section in relation to the resignation, the
notice will be void and of no effect).
Example—
If the retirement was due to a medical condition of the member or of a
person who relies on the member for care, the Electoral Commissioner may
determine that this section does not apply.