Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subject to subsections (4) and (4AA), where, pursuant to section 101, a Divisional Returning Officer for a Division receives a claim for enrolment or transfer of enrolment for that Division, the Divisional Returning Officer shall:
(a) note on the claim the date of its receipt;
(b) if the claim is in order and the officer is satisfied that the claimant is entitled, in respect of residence at an address, to be enrolled for a Subdivision of that Division, forthwith:
(i) enter on the Roll for the Subdivision the name of the claimant and the other particulars required by section 83;
(ii) notify the claimant in writing that he or she has been enrolled for that Subdivision;
(iii) in the case of a claim for transfer of an enrolment from the Roll for another Subdivision in that Division--delete the name of the claimant from the Roll for the last‑mentioned Subdivision; and
(iv) in the case of a claim for transfer of enrolment from a Subdivision not included in that Division--give notice of the transfer to the Divisional Returning Officer for the Division that includes the last‑mentioned Subdivision; and
(ba) if the claim is in order but the officer is satisfied that the claimant is already properly enrolled in respect of residence at the address in the Subdivision for which he or she is entitled to be enrolled--notify the claimant, in writing, that he or she has been enrolled for that Subdivision; and
(c) if the claim is not in order or the officer is not satisfied that the claimant is entitled, in respect of residence at an address, to be enrolled in a Subdivision of that Division--notify the claimant in writing that the claim has been rejected.
(1A) Before dealing with a claim under paragraph (1)(b), (ba) or (c), a Divisional Returning Officer may make any inquiries the officer thinks necessary.
(2) Where a Divisional Returning Officer for a Division receives notice, pursuant to subparagraph (1)(b)(iv), of the transfer of a person's enrolment from a Subdivision in that Division, the Divisional Returning Officer shall delete the name of, and particulars relating to, the person from the Roll for the Subdivision.
(2A) This subsection applies during the period commencing on a public announcement that an election will be held or the issue of the writ or writs for the election, whichever is the earlier, and ending at 8 p.m. on the date of the writ or writs for the election.
(2B) At any time when subsection (2A) applies, a Divisional Returning Officer may, with the concurrence of the Australian Electoral Officer for the State, and in accordance with such directions (if any) as are given by the Electoral Commissioner, deal with a claim for enrolment or transfer of enrolment received by the Divisional Returning Officer or by another Divisional Returning Officer for a Division in the same State.
(2C) Where a claim for enrolment or transfer of enrolment for a Division is dealt with by the Divisional Returning Officer for another Division, subsection (1) applies as if the Divisional Returning Officer were the Divisional Returning Officer for the first‑mentioned Division.
(2D) At any time when subsection (2A) applies, the Australian Electoral Officer for a State may, in accordance with such directions (if any) as are given by the Electoral Commissioner, deal with a claim for enrolment or transfer of enrolment received by the Australian Electoral Officer, by any Divisional Returning Officer in that State or by an Australian Electoral Officer or Divisional Returning Officer in another State.
(2E) Where a claim for enrolment or transfer of enrolment is dealt with by an Australian Electoral Officer, subsection (1) applies as if the Australian Electoral Officer were the Divisional Returning Officer for the Division for which the claim is made.
(3) Notice of a decision given to a claimant by a Divisional Returning Officer under paragraph (1)(c) shall include:
(a) a statement of the reasons for the decision; and
(b) a statement setting out the rights of the claimant to have the decision reviewed under Part X.
(4) If a claim by a person for enrolment under section 101 (other than a claim that is taken, by subsection 99B(6), to be made under section 101) is received during the period:
(a) beginning at 8 pm on the date of the writ or writs for an election for the Division to which the claim relates; and
(b) ending at the close of the polling at the election;
then the claim must not be considered until after the end of the period.
(4AA) If a claim by a person for transfer of enrolment under section 101, or a claim that is taken, by subsection 99B(6), to be made under section 101, is received during the period:
(a) beginning at 8 pm on the date of the close of the Rolls for an election for the Division to which the claim relates; and
(b) ending at the close of the polling at the election;
then the claim must not be considered until after the end of the period.
(4AB) A claim that is taken, by subsection 100(2), to be made under section 101:
(a) is to be treated in accordance with subsection (4AA) if the claim is made by a person who will turn 18 years old during the period:
(i) beginning at 8 pm on the date of the writ or writs for an election for the Division to which the claim relates; and
(ii) ending at the end of the polling day for the election; and
(b) otherwise--is to be treated in accordance with subsection (4).
(4A) This subsection applies to a claim under section 101 if:
(a) the claim is received during the period referred to in subsection (4) or (4AA) (as the case requires);
(b) the Australian Postal Corporation has notified the Electoral Commission in writing that:
(i) the delivery of mail identified in the notification was delayed by an industrial dispute affecting a specified post office or mail exchange; and
(ii) but for the industrial dispute, that mail would, in the ordinary course of post, have been delivered before the commencement of the period referred to in subsection (4) or (4AA) (as the case requires); and
(c) the claim is included in the mail identified in the notification.
(4B) In spite of subsections (4) and (4AA):
(a) a claim to which subsection (4A) applies shall be regarded as having been received before the commencement of the period referred to in subsection (4) or (4AA) (as the case requires); and
(b) if the claimant's name is entered on the Roll in accordance with the claim, the enrolment shall, in relation to any vote recorded by the claimant in an election, be regarded as having been effected before the commencement of the period referred to in subsection (4) or (4AA) (as the case requires).
(5) A name may, at any time, be removed from a Roll pursuant to a notice of transfer of enrolment.
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