ELECTORAL (MISCELLANEOUS) AMENDMENT BILL

Final Stages

The Legislative Council agreed to the bill with the amendments indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly:

No. 1. Clause 5, page 5, line 4 [clause 5(3), inserted subsection (4)]—

Delete 'subsection (2)' and substitute:

subsections (2) and (3)

No. 2. Clause 5, page 5, lines 14 to 18 [clause 5(3), inserted subsection (5)]—

Delete inserted subsection (5) and substitute:

(5) If a copy of the roll is provided to a person under this section, a person who uses that copy of the roll, or information contained in that copy of the roll, for a purpose other than—

(a) the carrying out of functions of a member of the Parliament of the State or the Commonwealth or a council constituted under the Local Government Act 1999; or

(b) the distribution of matter calculated to affect the result of a State, Commonwealth or local government election or purposes related to the holding of such elections,

is guilty of an offence .

Maximum penalty: $10,000.

No. 3. Clause 7, page 5, line 39 [clause 7(5), inserted subsection (6)]—

After 'Parliament' insert:

or is a nominated candidate for an election

No. 4. Clause 8, page 6, after lines 5 to 11 [clause 8, inserted section 31A(1)]—

Delete subsection (1) and substitute:

(1) A person may apply for enrolment under this section if the person—

(a) is in South Australia and has lived in South Australia for a continuous period of 1 month prior to the date of the application for enrolment; and

(b) qualifies for enrolment under section 29(1)(a), (b) and (d) but does not qualify for enrolment under section 29(1)(c) because he or she does not have a fixed place of residence (whether within the State or elsewhere).

No. 5. Clause 8, page 6, lines 17 to 19 [clause 8(3)]—

Delete subclause (3)

No. 6. Clause 8, page 6, lines 26 to 33 [clause 8, inserted section 31A(4)(c)]—

Delete paragraph (c) and substitute:

(c) the Electoral Commissioner will cause the name of the person to be entered on the roll—

(i) for the subdivision for which the person last had an entitlement to be enrolled; or

(ii) if the person has never had such an entitlement, for a subdivision for which any of the person’s next of kin is enrolled; or

(iii) if neither subparagraph (i) nor subparagraph (ii) applies, for the subdivision in which the person was born; or

(iv) if none of subparagraphs (i), (ii) and (iii) applies, the subdivision with which the person has the closest connection.

No. 7. Clause 8, page 6, lines 35 and 36 [clause 8, inserted section 31A(5)]—

Delete 'and after taking into account any address specified under subsection (3)'

No. 8. Clause 9, page 9, line 11 [clause 9(3), inserted subsection (3)]—

Delete 'member' and substitute:

person

No. 9. Clause 9, page 9, line 15 [clause 9(3), inserted subsection (4)(a)]—

Delete paragraph (a) and substitute:

(a) a person who is relied on by 2 or more political parties may nominate the party entitled to rely on the person, but if a party is not nominated after the Electoral Commissioner has, in accordance with the regulations, given the person an opportunity to do so, the person is not entitled to be relied on by any of those parties;

No. 10. Clause 9, page 9, line 24 [clause 9(3), inserted subsection (4)(b)]—

Delete 'member or members' and substitute:

person or persons

No. 11. Clause 23, page 15, lines 10 to 14 [clause 23, inserted section 66(5)]—

Delete subsection (5) and substitute:

(5) The presiding officer at each polling booth must—

(a) ensure that, in relation to a House of Assembly election, posters prepared under subsection (1)(a) are displayed in each voting compartment; and

(b) ensure that all other posters and booklets prepared under subsection (1) are displayed or made available (as the case may be) in a prominent position in the polling booth and in accordance with any direction issued by the Electoral Commissioner.

No. 12. Clause 40, page 23, lines 16 to 38, page 24, lines 1 to 20—

Delete inserted section 112C

No. 13. Clause 43, page 25, lines 12 to 36 [clause 43(2), (3), and (4)]—

Delete subclauses (2), (3) and (4)

No. 14. Clause 44, page 26, after line 2—Insert:

(a1) Section 116(1)—after 'written form,' insert:

in a journal published in electronic form on the Internet

No. 15. Clause 44, page 26, line 4—

Delete 'by publication or'

No. 16. Clause 44, page 26, line 10 [Clause 44(3)]—

Delete ', or an electronic publication on the Internet,' and substitute:

(including a journal published in electronic form on the Internet)

No. 17. Clause 44, page 26, line 11 [clause 44(4)]—

Delete subclause (4) and substitute:

(4) Section 116(2)(c)—delete paragraph (c) and substitute:

(c) the publication in a journal (including a journal published in electronic form on the Internet) of an article, letter, report or other matter if—

(i) the name and address (not being a post office box) of a person who takes responsibility for the publication of the material is provided to the publisher of the journal and retained by the publisher for a period of 6 months after the end of the election period; and

(ii) the journal contains a statement of the name and postcode of the person who takes responsibility for the publication of the material;

(ca) the publication of a letter (otherwise than as described in paragraph (c)) that contains the name and address (not being a post office box) of the author of the letter;

No. 18. Clause 46, page 26, lines 22 to 31—

Delete clause 46

No. 19. Schedule 1, page 27, line 25 [Schedule 1, clause 4(2)]—

Delete '2010' and substitute:

2011

Consideration in committee.

The Hon. M.J. ATKINSON: I move:

That the Legislative Council's amendments be agreed to.

Mr HANNA: I take it then that we are addressing these amendments en bloc. I approve.

Ms CHAPMAN: I indicate the Liberal Party supports the amendments made after wide deliberation in another place, and I am pleased the Attorney-General has agreed to accept the same.

Motion carried.