Commonwealth Consolidated Acts

COMMONWEALTH ELECTORAL ACT 1918 - SECT 101

             (1)  Subject to subsection (5A), every person who is entitled to be enrolled for any Subdivision, otherwise than by virtue of section 94, 94A, 95, 96 or 100, whether by way of enrolment or transfer of enrolment, and whose name is not on the Roll, shall forthwith fill in and sign a claim and send or deliver the claim to any Divisional Returning Officer or Australian Electoral Officer.

          (1A)  A person who is entitled to be enrolled for any Subdivision under section 95AA may fill in and sign a claim and send or deliver it to any Divisional Returning Officer or Australian Electoral Officer.

             (2)  Where a person sends or delivers a claim for enrolment (including a claim for age 17 enrolment), or for transfer of enrolment, to a Divisional Returning Officer for a Division other than the Division (in this subsection referred to as the proper Division ) on the Roll for a Subdivision of which the person is entitled to be enrolled, the Divisional Returning Officer shall note on the claim the date of its receipt, subject to subsection 102(2A), and forthwith send the claim and any documents sent or delivered by the person with the claim to the Divisional Returning Officer for the proper Division.

             (3)  Where a person sends or delivers a claim for enrolment (including a claim for age 17 enrolment), or for transfer of enrolment, to an Australian Electoral Officer, the Australian Electoral Officer shall note on the claim the date of its receipt and, subject to subsection 102(2A), forthwith send the claim and any documents sent or delivered by the person with the claim to the Divisional Returning Officer for the Division on the Roll for a Subdivision of which the person is entitled to be enrolled.

             (4)  Subject to subsection (5A), every person who is entitled to have his or her name placed on the Roll for any Subdivision whether by way of enrolment or transfer of enrolment, and whose name is not on the Roll upon the expiration of 21 days from the date upon which the person became so entitled, or at any subsequent date while the person continues to be so entitled, shall be guilty of an offence unless he or she proves that the non‑enrolment is not in consequence of his or her failure to send or deliver to a Divisional Returning Officer or an Australian Electoral Officer, a claim, duly filled in and signed in accordance with the directions printed thereon.

Note:          A defendant bears a legal burden in relation to the defence in subsection (4) (see section 13.4 of the Criminal Code ).

             (5)  Subject to subsection (5A), if a person enrolled for a Subdivision (including a person whose address, in accordance with a request made under section 104, is not entered on a Roll):

                     (a)  has changed his or her place of living from one address in that Subdivision to another address in the same Subdivision; and

                     (b)  has lived at the new address for a period of one month;

the person must, within 21 days after the end of the period referred to in paragraph (b), give written notice of the new address to the Divisional Returning Officer for the Division that includes that Subdivision.

          (5A)  Subsections (1), (4) and (5) do not apply to a qualified Norfolk Islander within the meaning of section 95AA.

Note:          A defendant bears an evidential burden in relation to the defence in subsection (5A) (see subsection 13.3(3) of the Criminal Code ).

             (6)  A person who fails to comply with subsection (1), (4) or (5) is guilty of an offence punishable on conviction by a fine not exceeding 1 penalty unit.

       (6AA)  An offence against subsection (6) relating to a failure to comply with subsection (1) or (5) is an offence of strict liability.

Note:          For strict liability , see section 6.1 of the Criminal Code .

        (6AB)  An offence against subsection (6) relating to a failure to comply with subsection (4) is an offence of absolute liability.

Note:          For absolute liability , see section 6.2 of the Criminal Code .

          (6A)  Subsection (6) does not apply to a person who fails to comply with subsection (5) if the person has not reached the age of 18 years.

Note:          A defendant bears an evidential burden in relation to the defence in subsection (6A) (see subsection 13.3(3) of the Criminal Code ).

             (7)  Where a person sends or delivers a claim for enrolment, or for transfer of enrolment, to a Divisional Returning Officer or an Australian Electoral Officer, proceedings shall not be instituted against that person for any offence against subsection (1) or (4) committed before the claim was so sent or delivered.