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Public office - elections and voting

Public office

A person convicted of a serious offence can be refused the right to hold public office and in some cases is not able to hold the office at all.

For example, if you are convicted of an indictable offence, you cannot hold office as a member of the South Australian Parliament [Constitution Act 1934 (SA) ss 17(1)(h), 31(1)(h)] or as a member of a South Australian local council [Local Government Act 1999 (SA) s 54(1)(i)]. If you have been sentenced to imprisonment and you are or might become liable to serve a period of imprisonment, you cannot be elected to a local council [Local Government (Elections) Act 1999 (SA) s 17(3)(c)].

If you have been convicted of any offence punishable under a State or Federal law by imprisonment for one year or longer then you may not run as a candidate for Federal Parliament [Commonwealth of Australia Constitution Act (Cth) s 44].

Loss of right to vote in Federal elections

If you are serving a sentence of imprisonment of three years or longer you may not vote in a Federal election [Commonwealth Electoral Act 1918 (Cth) s 93(8AA)], but you may continue voting in State elections.

Public office - elections and voting  :  Last Revised: Mon Jan 18th 2016
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.