ELECTORAL ACT 1992 - SECT 81 Objections to enrolment

ELECTORAL ACT 1992 - SECT 81

    (1)     This section applies in relation to the enrolment of a person who is enrolled under this Act but is not enrolled under the Commonwealth Act.

    (2)     An elector may object to the enrolment of a person on the ground that the person is not entitled to enrolment under section 72.

    (3)     An objection shall—

        (a)     set out the grounds on which it is made; and

        (b)     subject to subsection (4), be accompanied by a deposit of $2 or any higher amount prescribed by the regulations.

Note     If a form is approved under s 340A (Approved forms) for an objection, the form must be used.

    (4)     The deposit is not payable by an elector who objects to the enrolment of a person with a mental disability.

    (5)     The commissioner shall reject an objection without notifying the person whose enrolment it concerns if—

        (a)     the objection is made because the enrolled person is a person with a mental disability and is not accompanied by a supporting medical certificate; or

        (b)     the commissioner believes on reasonable grounds that the objection is frivolous or vexatious.

    (6)     After the commissioner rejects an objection under subsection (4), the commissioner shall—

        (a)     if subsection (5) (a) applies—give the objector written notice of the rejection; and

        (b)     if subsection (5) (b) applies—give the objector an internal review notice about the decision to reject the objection.

Note     For how documents may be given, see Legislation Act 2001

, pt 19.5.

    (7)     If—

        (a)     an objection is made to the enrolment of a person; or

        (b)     the commissioner believes on reasonable grounds that an enrolled person is not entitled to be enrolled (other than the ground that the person is a person with a mental disability);

the commissioner shall, subject to subsection (5), give the person written notice of the objection or belief inviting the person to respond within 21 days after the date of the notice.

    (8)     After considering any such response, the commissioner shall determine the person's entitlement to enrolment and—

        (a)     confirm the enrolment; or

        (b)     remove the person's name from the roll.

    (9)     After making a decision under subsection (8) about the enrolment of a person, the commissioner shall—

        (a)     for a decision to confirm the enrolment—give the person, and any objector, written notice of the decision; or

        (b)     for a decision to remove the person's name from the roll—

              (i)     give the person an internal review notice about the decision; and

              (ii)     if an objection has been duly made to the enrolment—give the objector written notice of the decision.

    (10)     If a person's name is removed from a roll as a result of an objection, the commissioner shall return the deposit lodged with the objection to the objector.

    (11)     In this section:

"person with a mental disability" means a person who is incapable of understanding the nature and significance of enrolment and voting, and includes such a person even if a guardian or manager has not been appointed for the person under the Guardianship and Management of Property Act 1991

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