An Act to Amend and Codify the Electoral Laws. BE [Assented to, December 23rd, 1908.] E it Enacted by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as follows: 1. This Act may be cited as "The Electoral Code, 1908," and Short title and shall come into operation on a day to be fixed by Proclamation. commencement. 2. The enactments mentioned in the First Schedule are hereby Repeal. repealed to the extent stated in such Schedule. 3. This Act applies only to Parliamentary elections. Application of Act. Ibid., s. 4. 4. This Act, except the preliminary sections, is divided into the Chapters. following Chapters: PART II.-Claims, Transfers, Changes, and Altera tions of Rolls: PART III.-Removal of Naines: PART IV.-Appeals. A-971 CHAPTER Interpretation. Ibid, s. 5, with additions. 5. In this Act, except where another intention is clearly shown "Assembly" means the House of Assembly: "Assembly District" means an Electoral District for the return of Members to serve in the Assembly: "British subjects" includes naturalised as well as natural born British subjects: "Candidate" means a person who within three months before the polling day directly or indirectly offers himself for election by any constituency, or who directly or indirectly within such time seeks to influence any constituency or electors with a view to so offering himself: "Commonwealth" means the Commonwealth of Australia: "Council" means the Legislative Council: "Council District" means an Electoral District for the return of Members to serve in the Council: "District" or "Electoral District" means an Assembly or Council District: "Division " means an Electoral Division of a Council District: "Election" means an election of a Member or Members to serve in the Council or Assembly: "Elector" means a person whose name appears on an electoral roll as an elector: "Gazette notice" means notice published in the Government Gazette: "Houses " The Electoral Code.-1908. "Houses" means the two Houses constituting the Parliament: House" means either of such two Houses: "Improvements means substantial and permanent improve- Act 920, 1907, s. 3. ments, consisting of buildings, fencing, dams, tanks, wells, or reservoirs, or clearing, or drainage or irrigation works: "Justice of the Peace" means a Justice of the Peace for the State of South Australia: "Local governing body" means a Municipal Corporation or District Council: 66 'Minister" means the Minister of the Crown for the time being administering this Act: "Naturalised" means naturalised under a law of the United "Officers" includes all officers appointed under this Act, or exer- 66 Postmaster," except in section 15, means a person appointed to take charge of a post office, and includes a postmistress, and also the person for the time being executing the functions of a postmaster: "Prescribed " means prescribed by this Act, or by regulations made under this Act: "Presiding officer" means the Returning Officer presiding and taking the poll at any polling-place at an election, or the person appointed by him for that purpose, or the substitute duly appointed of the presiding officer: "Proclamation" means Proclamation by the Governor published in the Government Gazette: "Returning Officer," except in Part III. of Chapter IV., means the person appointed for a District to conduct elections under this Act, and includes, except in Parts I. and II. of Chapter V., the Deputy Returning Officer for a Division: "Roll" or "electoral roll" means an electoral roll of electors formed for a Division or for an Assembly District, and includes supplemental rolls: "Sub-district" means a sub-district of an Assembly District, or, where necessary, a sub-district of a Division: "The State" means the State of South Australia. 6. Nothing Constitution unaltered. Code, s. 7. The Electoral Code.-1908. 6. Nothing in this Act shall alter the present constitution of either House. This has been fixed by "The Constitution Act" and its amendments, and when mentioned herein is shortly stated in declaratory sections for convenient reference only. The whole of the Introductory Chapter (except sections 14, 21, and 22) and section 102 are declaratory. CHAPTER I. Constitution of Legislative Council. House of Assembly. Council Districts. Assembly Districts. Names of Assembly Electoral Divisions of Places of nomination, Cf. Code, s. 12. Act 920, 1907, s. 4. CHAPTER I.-INTRODUCTORY. 7. The Parliament consists of a Legislative Council and a House of Assembly. 8. The Legislative Council at present consists of eighteen Members. 9. The House of Assembly at present consists of forty-two Members. 10. The State, including the Northern Territory, is at present divided for electoral purposes into four Council Districts, respectively distinguished by the names, and returning the numbers of Members, and comprising the Assembly Districts set forth in the Second Schedule. 11. For the purpose of electing Members of the House of Assembly the State, excluding the Northern Territory thereof, is at present divided, in manner hereinafter mentioned, into twelve Districts, and the Northern Territory is one District. 12. The Assembly Districts are respectively distinguished by the names and return the number of Members set forth in the Second Schedule. 13. Every Assembly District is also a Division of the Council District in which it is situated. 14. The places of nomination for the various Districts shall be for the present as set forth in the Second Schedule. 15. The following persons are entitled to vote at an election of a Member or Members of the Council, namely: 1. Any person occupying a dwelling-house, or a dwelling-house and premises appurtenant thereto, in respect whereof such person is liable for and pays a rent at the rate of not less than Seventeen Pounds per annum; but any payment by way of rent made by a wife to her husband is not deemed to be payment of rent within the meaning of this section: II. Any The Electoral Code.-1908. 11. Any person who is the registered proprietor of a Crown lease on which there are improvements to the value of at least Fifty Pounds which are the property of such registered proprietor: CHAPTER 1. III. Any person who has a freehold estate in possession, either Act 2, 855-6, s. 6. legal or equitable, situate within the State of the clear value of Fifty Pounds sterling above all charges and IV. Any person who has a leasehold estate in possession situate Ibid., s. 4. v. Every officiating minister of religion: VI. Every head teacher of a college or school who resides in premises belonging to or used in connection with such college or school: VII. Every postmaster or postmistress in charge of and resident in a building used as or in connection with a post office: VIII. Every railway stationmaster who resides in premises belonging to His Majesty's Government of the State: IX. Every member of the Police Force in charge of a police station: Provided that such persons are of the age of twenty-one years, are British subjects and inhabitants of the State, and have resided in the State six months prior to the registration of their electoral claims: And provided they have been registered on the Council roll prior to the issue of the writ for the election of such Member or Members. Act 920, 1907, s. 4. electors. 16. The following persons are entitled to vote for the election of House of Assembly a Member or Members of the Assembly, namely:-All persons of the age of twenty-one years, whether male or female, married or unmarried (a) Who have lived in the State for six months continuously; and (b) Who are natural born or naturalised subjects of the King; and (c) Whose names are on the electoral roll for the Assembly Dis trict. Act 876, 1904, s. 4. 17. Notwithstanding anything in this Act, no person shall be Disqualifications. entitled to vote at any election who (a) Is of unsound mind; or Act 876, 1901, s. 4. (b) Has |