Local Government (Elections) (Australian Citizen and Compulsory Voting) Amendment Bill 2024 (SA)

South Australia Local Government (Elections) (Australian Citizen and Compulsory Voting) Amendment Bill 2024 A Bill For An Act to amend the Local Government (Elections) Act 1999 and to make related amendments to the City of Adelaide Act 1998.

Contents Part 1—Preliminary 1 Short title 2 Commencement Part 2—Amendment of Local Government (Elections) Act 1999 3 Amendment of section 4—Preliminary 4 Amendment of section 14—Qualifications for enrolment 5 Insertion of section 44A 44A Compulsory voting Schedule 1—Related amendments to City of Adelaide Act 1998 1 Amendment of section 4—Interpretation 2 Amendment of Schedule 1—Special provisions for elections and polls

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Local Government (Elections) (Australian Citizen and Compulsory Voting) Amendment Act 2024. 2—Commencement (1) Subject to subsection (2), this Act comes into operation on the day on which it is assented to by, or on behalf of, the Crown. (2) Schedule 1 clause 1 comes into operation immediately after section 190 of the Statutes Amendment (Local Government Review) Act 2021 comes into operation.

Part 2—Amendment of Local Government (Elections) Act 1999 3—Amendment of section 4—Preliminary Section 4(1), definition of designated person—after "majority, who is" insert: an Australian citizen and 4—Amendment of section 14—Qualifications for enrolment Section 14(1)(ab)—after "majority" insert: and is an Australian citizen 5—Insertion of section 44A After section 44 insert: 44A—Compulsory voting (1) Subject to subsection (2), it is a duty of every elector to record their vote at each election in the area or ward for which the elector is enrolled. (2) An elector who leaves the ballot paper unmarked but who otherwise observes the formalities of voting is not in breach of the duty imposed by subsection (1). (3) Within the prescribed period after the close of each election, the returning officer must send by post to each elector who appears not to have voted at the election a notice, in the prescribed form— (a) notifying the elector that they appear to have failed to vote at the election and that it is an offence to fail to vote at an election without a valid and sufficient reason; and (b) calling on them to show cause why proceedings for failing to vote at the election without a valid and sufficient reason should not be instituted against them, but the returning officer, if satisfied that the elector is dead or had a valid and sufficient reason for not voting, need not send such a notice. (4) Before sending any such notice, the returning officer must insert in the notice a date, not being less than 21 days after the date of posting of the notice, on which the form attached to the notice, duly filled up and signed by the elector, is to be received by the returning officer. (5) Every elector to whom a notice under this section has been sent must complete the form in the indicated place by stating the reasons (if any) why proceedings for failing to vote at the election should not be instituted against them, and then sign the form and return it to the returning officer not later than the date inserted in the notice. (6) If an elector is absent or unable, by reason of physical incapacity, to complete, sign and return the form, within the time allowed under subsection (4), any other elector who has personal knowledge of the facts may complete, sign and return the form, duly witnessed, within that time, and, in that case, the elector will be taken to have complied with subsection (5). (7) An elector must not— (a) fail to vote at an election without a valid and sufficient reason for the failure; or (b) on receipt of a notice under subsection (3), fail to complete, sign and return the form (duly witnessed) that is attached to the notice within the time allowed under subsection (4). Maximum penalty: $50. Expiation fee: $10. (8) An elector has a valid and sufficient reason for failing to vote at an election if— (a) the elector was ineligible to vote at the election; or (b) the elector was absent from the address to which their voting papers were posted for the period commencing on the date on which the voting papers would, in the ordinary course of post, have reached the address to which they were posted and concluding on polling day; or (c) the elector had a conscientious objection, based on religious grounds, to voting at the election; or (d) there is some other proper reason for the elector's failure to vote. (9) A prosecution for an offence against this section— (a) cannot be commenced except by the returning officer or an officer authorised in writing by the returning officer; and (b) in the case of a prosecution for failing to vote at an election or failing to return a notice to the returning officer in accordance with subsection (4)—may be commenced at any time within 12 months of polling day. (10) In proceedings for an offence against this section— (a) a certificate apparently signed by the returning officer certifying that an officer named in the certificate was authorised to commence the prosecution will, in the absence of proof to the contrary, be accepted as proof of that authority; and (b) a certificate apparently signed by an electoral officer certifying that voting papers were posted to an elector at the address appearing on the electoral roll, on a date specified in the certificate, will be accepted, in the absence of proof to the contrary, as proof— (i) that the voting papers were duly sent to the elector on that date; and (ii) that the voting papers complied with the requirements of this Act; and (c) a certificate apparently signed by an electoral officer certifying that the defendant failed to vote at a particular election will be accepted as proof of that failure to vote in the absence of proof to the contrary; and (d) a certificate apparently signed by an electoral officer certifying that a notice under subsection (3) was posted to an elector, at the address appearing on the electoral roll or at a postal address provided by the elector, on a date specified in the certificate, will be accepted, in the absence of proof to the contrary, as proof— (i) that the notice was duly sent to the elector on that date; and (ii) that the notice complied with the requirements of this Act; and (iii) that it was received by the elector on the date on which it would, in the ordinary course of post, have reached the address to which it was posted; and (e) a certificate apparently signed by an electoral officer certifying that the defendant failed to return a form under this section to the returning officer within the time allowed under subsection (4) will be accepted, in the absence of proof to the contrary, as proof of the failure to return the form within that time.