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Part 1—Preliminary

1—Short title

These regulations may be cited as the Electoral Variation Regulations 2016.

2—Commencement

These regulations come into operation on the day on which they are made.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Electoral Regulations 2009

4—Variation of regulation 5—Prescribed authorities (section 27A)

Regulation 5(1)—after paragraph (e) insert:

(f) the Independent Commissioner Against Corruption;

(g) the Office for Public Integrity.

5—Insertion of regulations 25 to 27

After regulation 24 insert:


25—Agent of candidate disendorsed by party to notify Electoral Commissioner of disendorsement (section 139)

(1) For the purposes of Part 13A of the Act, if a candidate endorsed by a registered political party in relation to an election ceases to be so endorsed, the agent of the party must, as soon as is reasonably practicable after the disendorsement (and in any event no later than 7 days after the disendorsement), give to the Electoral Commissioner a notice setting out—

(a) the name of the candidate; and

(b) the date of the disendorsement.

(2) The agent must give a copy of the notice under subregulation (1) to the agent of the candidate on the same day on which it is given to the Electoral Commissioner.

26—Application and modification of Part 13A where candidate disendorsed by party (section 139)

In accordance with section 139(2)(g) of the Act, the application of Part 13A of the Act is modified in relation to the disendorsement of a candidate by a registered political party as follows:

(a) section 130A applies as if the following subsection was inserted after subsection (10):

(11) For the purposes of this Part, if a candidate endorsed by a registered political party in relation to an election ceases to be so endorsed—

(a) prescribed party expenditure and prescribed candidate expenditure (both within the meaning of section 130Z(3e)) will not be regarded as political expenditure of the party; and

(b) prescribed candidate expenditure (within the meaning of section 130Z(3e)) will not be regarded as political expenditure of the candidate.;

(b) section 130I applies as if the following subsection was inserted after subsection (3):

(4) If—


(a) a candidate endorsed by a registered political party in relation to an election ceases to be so endorsed; and

(b) the agent of the party was the candidate's agent prior to the disendorsement,

the agent's appointment as agent of the candidate is taken to be revoked on the date of the disendorsement.;

(c) the application of section 130Y(5) extends to any candidate who ceases to be endorsed by a registered political party in relation to an election (not merely a candidate who is a member of Parliament or is a member of a group a member of which is a member of Parliament);

(d) section 130Z applies as if the following subsections were inserted after subsection (3):

(3a) Despite the preceding provisions, if a candidate endorsed by a registered political party in relation to an election ceases to be so endorsed during the capped expenditure period for the election, the following provisions apply:

(a) if the party does not endorse another candidate in the relevant electoral district, any amount allocated by the party to the candidate under subsection (2) prior to the disendorsement is, for the purposes of determining the party's applicable expenditure cap under subsection (1)(b)(i), to be included in the calculation of the sum of the amounts allocated to candidates in accordance with subsection (2);

(b) if the candidate who has ceased to be endorsed subsequently—

(i) lodges (or is taken for the purposes of this Part to have lodged) a certificate under section 130Y; or

(ii) forms part of a group of candidates that has lodged a certificate under section 130Y; or

(iii) is endorsed in relation to the election by another registered political party that has lodged a certificate under section 130Y,

the applicable expenditure cap under subsection (1) that applies to the candidate, group or party (as the case requires) is reduced by the sum of the prescribed party expenditure and the prescribed candidate expenditure;

(c) if paragraph (b)(iii) applies, the maximum amount that the other registered political party may allocate to the candidate under subsection (2) in relation to the election is $100 000 (indexed) less the sum of the prescribed party expenditure and the prescribed candidate expenditure.

(3b) For the purposes of the preceding provisions, if a candidate endorsed by a registered political party in relation to an election ceases to be so endorsed during the capped expenditure period for the election—

(a) the agent of a registered political party must, as soon as is reasonably practicable after the disendorsement (and in any event no later than 7 days after the disendorsement), furnish a return to the Electoral Commissioner setting out—

(i) the name of the candidate; and

(ii) the amount of prescribed party expenditure; and

(b) the agent of the candidate must, as soon as is reasonably practicable after the disendorsement (and in any event no later than 7 days after the disendorsement), furnish a return to the Electoral Commissioner setting out—

(i) the name of the candidate; and

(ii) the amount of prescribed candidate expenditure.

(3c) The agent of the registered political party must, so far as is reasonably practicable, make available to the agent of the candidate any records or information in the possession of the party relevant to a return under subsection (3b)(b).

(3d) The agent of the registered political party must give the agent of the candidate a copy of the return under subsection (3b)(a), and the agent of the candidate must give the agent of the party a copy of the return under subsection (3b)(b), on the same day on which the agent furnishes the relevant return to the Electoral Commissioner.

(3e) In this section—


prescribed candidate expenditure, in relation to a candidate disendorsed by a registered political party, means political expenditure incurred (prior to the disendorsement) by the candidate (as set out in a return under subsection (3b)(b)) during the capped expenditure period for the election;

prescribed party expenditure, in relation to a candidate disendorsed by a registered political party, means political expenditure incurred (prior to the disendorsement) by the party (as set out in a return under subsection (3b)(a)) during the capped expenditure period for the election that—

(a) in the case of a House of Assembly election—related to the election of the candidate in the relevant electoral district; or

(b) in the case of a Legislative Council election—was for electoral matter that—

(i) expressly mentioned the name or displayed the image of the candidate; and

(ii) did not expressly mention the name or display the image of any other candidate endorsed by the party in relation to the Legislative Council election;

related to the election of the candidate has the same meaning as in section 130ZB(3).

27—Transitional provision—returns under Part 13A (section 139)

In accordance with section 139(2)(h) of the Act, nothing in Part 13A of the Act is to be taken to require a return under that Part to set out details relating to any period before 1 July 2015.


Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.


Made by the Governor

with the advice and consent of the Executive Council

on 4 February 2016

No 9 of 2016

AGO0109/15CS

South Australia



Supreme Court (Probate Fees) Variation Regulations 2016

under the Supreme Court Act 1935



Contents

Part 1—Preliminary

1 Short title

2 Commencement

3 Variation provisions

Part 2—Variation of Supreme Court Regulations 2005

4 Variation of regulation 3—Interpretation

5 Variation of regulation 6—Fees in probate jurisdiction

6 Variation of Schedule 2—Fees in probate jurisdiction

Part 1—Preliminary

1—Short title

These regulations may be cited as the Supreme Court (Probate Fees) Variation Regulations 2016.



2—Commencement

These regulations will come into operation on 28 February 2016.



3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.


Part 2—Variation of Supreme Court Regulations 2005


4—Variation of regulation 3—Interpretation

Regulation 3—after the definition of corporation insert:



gross value, of a deceased estate, means the value of the estate without deduction for debts, encumbrances or funeral expenses as disclosed to the Registrar in accordance with the rules of court made under the Act;

5—Variation of regulation 6—Fees in probate jurisdiction

Regulation 6—after subregulation (2) insert:

(3) If, after an application has been lodged under clause 1, 1A or 1B of Schedule 2 in respect of a deceased estate, the Registrar determines, on further inquiry, that the gross value of the estate is other than disclosed at the time of the application, the Registrar must—

(a) where the gross value of the estate is less than originally disclosed—refund to the applicant an amount equal to the difference between the application fee charged and the fee that would have been charged had the original gross value disclosed been accurate; or

(b) where the gross value of the estate is more than originally disclosed—require the applicant to pay an amount equal to the difference between the application fee charged and the fee that would have been charged had the original gross value disclosed been accurate.

6—Variation of Schedule 2—Fees in probate jurisdiction



Schedule 2, table—delete clause 1 and substitute:

1


On lodging an application for a grant of probate or administration in respect of a deceased estate the gross value of which—







(a) is $200 000 or less

$750.00




(b) is more than $200 000 but less than or equal to $500 000

$1 500.00




(c) is more than $500 000 but less than or equal to $1 million

$2 000.00




(d) is more than $1 million

$3 000.00

1A

On lodging an application for the sealing of a grant under section 17 of the Administration and Probate Act 1919 in respect of a deceased estate the gross value of which—







(a) is $200 000 or less

$750.00




(b) is more than $200 000 but less than or equal to $500 000

$1 500.00





(c) is more than $500 000 but less than or equal to $1 million

$2 000.00




(d) is more than $1 million

$3 000.00

1B

On lodging an application for an order under section 9 of the Public Trustee Act 1995 in respect of a deceased estate the gross value of which—







(a) is $200 000 or less

$750.00




(b) is more than $200 000 but less than or equal to $500 000

$1 500.00




(c) is more than $500 000 but less than or equal to $1 million

$2 000.00




(d) is more than $1 million

$3 000.00

Note—

The fees under clauses 1 to 1B (inclusive) cover—

(a) photocopies required of the will or other document (if any) for the grant and record or other purposes; and

(b) preparing and sealing any probate or letters of administration, with or without the will annexed, and any order to the Public Trustee to administer; and

(c) sealing any probate or letters of administration, with or without the will annexed, exemplification or other document under section 17 of the Administration and Probate Act 1919.





Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.



Made by the Governor

with the advice and consent of the Executive Council

on 4 February 2016

No 10 of 2016

AGO0009/16CS

SENDING COPY?

NOTICES for inclusion in the South Australian Government Gazette should be emailed to:

governmentgazette@dpc.sa.gov.au

Please include the following information in the covering email:

• The date the notice is to be published.

• Whether a proof, quote or return email confirmation is required.

• Contact details.

• To whom the notice is charged if applicable.

• A purchase order if required (chargeable notices).

• Any other details that may impact on the publication of the notice.

Attach:

• Notices in Word format.


• Maps and diagrams in pdf.

• Notices that require sighting an official date and signature before publication in a pdf. If a pdf is not possible then fax the official file(s) to the Government Publishing Fax number listed below.

Fax Transmission: (08) 8207 1040

Phone Enquiries: (08) 8207 1045



NOTE:

Closing time for lodging new copy is 4 p.m. on Tuesday preceding the regular Thursday Gazette.

CITY OF MITCHAM



Notice of Application of Dogs By-Law

PURSUANT to Section 246 (4a) of the Local Government Act 1999 (the Act), notice is hereby given that at its meeting on


27 January 2016, the Council resolved to vary its decision of

8 December 2015 regarding dog controls under By-Law No. 5—Dogs 2015 (the By-law) in relation to Apex Park Reserve so that:

• pursuant to Section 246 (3) (e) of the Act, only the portion of Apex Park Reserve north of Watahuna Avenue is a dog on-leash area for the purposes of Clause 9.1 of the By-law;

• the enclosed playground area of Apex Park Reserve remains a dog prohibited area for the purposes of Clause 10 of the By-law; and

• dogs may otherwise be exercised off-leash in the portion of Apex Park Reserve south of Watahuna Avenue (Hawthorndene Oval) provided they are under effective control as required by the Dog and Cat Management Act 1995.

Maps that outline the areas described above and further information regarding dog controls in the Council’s area are available for inspection on the Council’s website:


http://www.mitchamcouncil.sa.gov.au

and at the Council’s offices, 131 Belair Road, Torrens Park, S.A. 5062 during business hours.

M. Pears, Chief Executive Officer

CITY OF ONKAPARINGA

Development Act 1993

Notice of Variation of Amounts to be Paid into a
Car Parking Fund

NOTICE is hereby given that on 19 January 2016, the City of Onkaparinga resolved, pursuant to Section 50A (6) of the Development Act 1993, to vary the relevant Contribution Rates payable into Car Parking Funds established under that Act.

The relevant Car Parking Funds were established and designated by notice in the Gazette on 9 November 2006, being:

Christies Beach Car Parking Fund

Port Noarlunga Car Parking Fund

Moana Car Parking Fund

Willunga Car Parking Fund

McLaren Vale Car Parking Fund

In relation to each Car Parking Fund named above, the relevant Contribution Rate is set at $500 per car parking space, as from the date of this Notice until 31 December 2016.

Dated 20 January 2019.

M. Dowd, Chief Executive Officer

CITY OF UNLEY


Naming of Roads and Council Assets Policy

NOTICE is hereby given in accordance with Section 219 (7) of the Local Government Act 1999 that, at its meeting of 25 January 2016 the Council of the City of Unley, by resolution C365/16, endorsed a revised ‘Naming of Roads and Council Assets’ policy.

The policy is available for public inspection during normal business hours at the Unley Civic Centre, 181 Unley Road, Unley, S.A. 5061, or on the Council website www.unley.sa.gov.au.

P. Tsokas, Chief Executive Officer

ADELAIDE HILLS COUNCIL

Roads (Opening and Closing) Act 1991


Proposed Road Closing—Portion of Baldocks Road, Oakbank and Portion of Sinkinson Road, Mount Torrens

NOTICE is hereby given, pursuant to Section 10 of the Roads (Opening and Closing) Act 1991, that Adelaide Hills Council proposes to make a Road Process Order to close and then merge a portion of road into the adjoining property, at:



(a) 201 Schillabeer Road, being Allotment 301 in Deposited Plan 90812, Certificate of Title 6113/46. The portion of road is more particularly delineated and marked ‘A’ on Preliminary Plan No. 15/0041 and adjoins Allotment 301 in Deposited Plan 90812, Section 225 in Hundred Plan 105600 and Piece Allotment 18 in Deposited Plan 28484; and

(b) 20 Sinkinson Road, Mount Torrens, being Allotment 53 in Filed Plan 155968, Certificate of Title 5779/569. The portion of road is more particularly delineated and marked ‘A’ on Preliminary Plan No. 15/0040.

A copy of each Preliminary Plan and a statement of persons affected are available for public inspection during normal office hours at Council’s offices at 63 Mount Barker Road, Stirling, and 28 Onkaparinga Valley Road, Woodside, as well as at the Adelaide office of the Surveyor-General, 101 Grenfell Street, Adelaide.

Any person is entitled to object to the proposed road process via a written submission. An objection must state whether the objector wishes to make a deputation to the Council in relation to the proposed road process. The Council will give notification of a meeting at which the matter will be considered so the person making the deputation or a representative may attend, is so desired.

Any person affected by the proposed closure is entitled to apply for an easement to be granted in that person’s favour over the land subject to the proposed closure. The Council will give notification of a meeting at which the matter will be considered, so that the person making the objection or a representative may attend, if so desired.

An objection or application for an easement must set out the full name and address of the person making the objection or application and must be fully supported by reasons.

Any application for an easement must give full particulars of the nature and location of the easement and where made by a person as the owner of adjoining or nearby land, specify the land to which the easement is to be annexed.

The objection or application for an easement must be made in writing to the Council, P.O. Box 44, Woodside, S.A., 5244, within 28 days of this notice (by 5 p.m. on Friday, 4 March 2016) and a copy must also be forwarded to the Surveyor-General, G.P.O. Box 1354, Adelaide, S.A. 5001.

Dated 4 February 2016.

A. Aitken, Chief Executive Officer

DISTRICT COUNCIL OF MALLALA

Close of Nominations


Supplementary Election for Mayor

AT the close of nominations at 12 noon on Thursday, 28 January 2016, the following people were accepted as candidates and are listed in the order in which they will appear on the ballot paper.



Nominations Received

Mayor—(1 vacancy)

Strudwicke, Marcus

Flaherty, Tony



Postal Voting

The election will be conducted by post. Ballot papers and pre-paid envelopes for each voting entitlement will be posted between Tuesday, 9 February 2016 and Monday, 15 February 2016 to every person, or designated person of a body corporate or group listed on the voters roll at roll close on Monday, 21 December 2015. Voting is voluntary.

A person who has not received voting material by Monday, 15 February 2016 and believes they are entitled to vote should contact the Deputy Returning Officer on (08) 7424 7420.

Completed voting material must be returned to reach the Returning Officer no later than 12 noon on Monday, 29 February 2016.

Ballot boxes will be provided at the Council Offices,
2A Wasleys Road, Mallala and Two Wells Service Centre, 69 Old Port Wakefield Road, Two Wells for electors wishing to hand deliver their completed voting material during office hours.

Vote Counting Location

The scrutiny and counting of votes will take place at the Council Chambers, Redbanks Road, Mallala as soon as practicable after 12 noon on Monday, 29 February 2016. A provisional declaration will be made at the conclusion of the election count.


Campaign Donations Return

All candidates must forward a Campaign Donations Return to the Council Chief Executive Officer within 30 days after the conclusion of the election.



D. Gully, Returning Officer

IN the matter of the estates of the undermentioned deceased persons:



Lyas, Lesley Marion, late of 55D Sturdee Street, Linden Park, retired office worker, who died on 15 September 2015.



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