Superannuation Funds Management Corporation of South Australia Regulations 2010 (SA)

South Australia Superannuation Funds Management Corporation of South Australia Regulations 2010 under the Superannuation Funds Management Corporation of South Australia Act 1995

Contents Part 1—Preliminary 1 Short title 3 Interpretation Part 2—Election of board members 4 Election of member 5 Timetable for election 6 Contributors eligible to vote 7 Nominations 8 Election without ballot 9 Ballot papers 10 Electoral material to be provided with ballot papers 11 Voting 12 Duplication and late return of ballot papers 13 Counting of votes 14 Scrutineers 15 Declaration of election Part 3—General 16 Restrictions on investment of funds 16A Public authorities 17 Prescribed public authorities Schedule 1—Transitional provisions Part 4—Transitional provisions 6 Authorisations under revoked regulations 7 Declaration of prescribed public authorities Legislative history

Part 1—Preliminary 1—Short title These regulations may be cited as the Superannuation Funds Management Corporation of South Australia Regulations 2010. 3—Interpretation In these regulations— Act means the Superannuation Funds Management Corporation of South Australia Act 1995; contributor means a contributor who is, by virtue of regulation 6, eligible to vote at an election; hour of nomination means the hour by which nominations must be received by the Electoral Commissioner.

Part 2—Election of board members 4—Election of member The election of a member of the board by contributors must be conducted by the Electoral Commissioner in accordance with this Part. 5—Timetable for election (1) The Electoral Commissioner must publish in a daily newspaper circulating throughout the State a notice setting out the timetable for each election held under this Part. (2) The notice must— (a) fix the date (not being less than 14 days from publication of the notice) and the hour by which nominations must be received by the Electoral Commissioner; and (b) fix the date on or before which the Commissioner will post ballot papers to contributors or give ballot papers to employers for distribution to contributors; and (c) fix the date (not being less than 21 days nor more than 28 days after the date fixed under paragraph (b)) and the hour by which completed ballot papers must be returned to the Electoral Commissioner. (3) The Electoral Commissioner must determine the timetable for an election in consultation with the board. 6—Contributors eligible to vote (1) Persons who were contributors as defined in the Act on the last business day before the 7 day period immediately preceding the day on which notice was published under regulation 5 are eligible to vote at the election. (2) Each of the superannuation boards must, within 7 days after publication of the notice, give the Electoral Commissioner a list of the contributors of whom the board knows who are eligible to vote at the election. (3) In this regulation— business day means any day other than a Saturday, Sunday or other public holiday. 7—Nominations A nomination for election must— (a) be in a form approved by the Electoral Commissioner; and (b) be signed by at least 3 contributors; and (c) be received by the Electoral Commissioner at or before the hour of nomination. 8—Election without ballot (1) If only 1 person is nominated to fill the vacancy, the Electoral Commissioner must, by notice in the Gazette and in a daily newspaper circulating throughout the State— (a) declare that the vacancy has been filled by the person nominated; and (b) specify the day on which the person's term of office commences and the length of the term for which the person has been elected. (2) If more than 1 person is nominated the following regulations apply. 9—Ballot papers (1) The Electoral Commissioner must provide each contributor (other than any contributor who is a lost member for the purposes of the Superannuation (Unclaimed Money and Lost Members) Act 1999 of the Commonwealth) with a ballot paper and an envelope addressed to the Commissioner for the purpose of returning the ballot paper after completion. (2) The names of the candidates must appear on the ballot papers in a vertical list in an order determined by the Electoral Commissioner by lot. (3) If ballot papers are not printed on watermarked paper, they must be initialled by the Electoral Commissioner or by a person authorised for that purpose by the Commissioner. (4) The Electoral Commissioner may provide a contributor with a ballot paper and envelope— (a) by posting the ballot paper and envelope to the contributor at his or her last known address; or (b) by giving the ballot paper and envelope to the contributor's employer to give to the contributor. 10—Electoral material to be provided with ballot papers (1) Subject to this regulation, the Electoral Commissioner must, at the request of a candidate, include with ballot papers provided to contributors material provided by the candidate promoting the candidate's election. (2) Promotional material must be provided to the Commissioner at or before the hour of nomination. (3) The material must not include more than 200 words nor more than 1 photograph and may be printed by the Commissioner in such form as he or she thinks fit for the purpose of posting or distributing to contributors. 11—Voting (1) A contributor who wishes to vote— (a) must indicate on the ballot paper the candidate to whom the contributor gives his or her first preference and the contributor may indicate the order of his or her preference for the other candidates; and (b) must place the ballot paper in the envelope provided, seal the envelope and sign it; and (c) must return the envelope to the Electoral Commissioner. (2) A voter's preference for candidates must be indicated by consecutive numbers (commencing with the number 1) placed in the squares opposite the names of the candidates on the ballot paper. (3) For the purposes of this regulation, if a voter places a tick or a cross on a ballot paper, the tick or cross will be taken to be equivalent to the number 1. 12—Duplication and late return of ballot papers (1) If more than 1 ballot paper is returned under the name of the same contributor all, except the first to be returned, will be rejected or if the Electoral Commissioner does not know which was returned first all, except the first to be recorded against the name of the contributor, will be rejected. (2) If more than 1 ballot paper is returned in an envelope, all of those ballot papers will be rejected. (3) A ballot paper returned to the Electoral Commissioner after the close of the poll will be rejected. 13—Counting of votes The following provisions apply to the counting of votes: (a) after counting first preferences, the candidate with the fewest first preferences must be excluded and, if more than 1 candidate remains, each ballot paper counted to the excluded candidate must be counted to the candidate (if any) next in order of the voter's preference; (b) this process must be continued until 1 candidate is left; (c) if 2 candidates have an equal number of votes and 1 of them must be excluded, the Electoral Commissioner must determine the question by lot. 14—Scrutineers (1) Subject to subregulation (2), the Electoral Commissioner may permit such scrutineers as he or she thinks fit to be present at the counting of votes. (2) A candidate in the election cannot be a scrutineer. 15—Declaration of election When 1 candidate is left, the Electoral Commissioner must, by notice in the Gazette and in a daily newspaper circulating throughout the State— (a) declare the candidate to have been elected to fill the vacancy; and (b) specify the day on which the elected person's term of office commences and the length of the term for which the person has been elected.