COMMONWEALTH ELECTORAL ACT 1918 - SECT 103A Updating or transferring a person's enrolment without claim or notice from the person

COMMONWEALTH ELECTORAL ACT 1918 - SECT 103A

Application

  (1)   This section applies if the Electoral Commissioner:

  (a)   is satisfied that a person's address is entered on a Roll (the old Roll ); and

  (b)   is satisfied, for reasons other than a claim under section   98 and a notice under subsection   101(5), that the person lives at another address (the new address ).

Notice of proposed action to update or transfer enrolment

  (2)   The Electoral Commissioner may give the person a notice in writing setting out the date of the notice, the new address and the fact that the Electoral Commissioner is satisfied that the person lives at the new address and stating:

  (a)   if the person's residence at the new address entitles the person to have his or her name placed on the old Roll--that the Electoral Commissioner proposes to enter the new address for the person on the old Roll; and

  (b)   if the person's residence at the new address entitles the person to have his or her name transferred to another Roll (the new Roll )--that the Electoral Commissioner proposes:

  (i)   to delete the person's name from the old Roll; and

  (ii)   to enter on the new Roll the person's name and other particulars required by section   83; and

  (c)   in any case--that the Electoral Commissioner will not take the proposed action if satisfied by information given by the person to the Electoral Commissioner within 28 days after the date of the notice that the person does not live at the new address.

Taking action to update or transfer enrolment

  (3)   The Electoral Commissioner may take the proposed action described in paragraph   (2)(a) or (b) unless satisfied by information given by the person to the Electoral Commissioner within 28 days after the date of the notice that the person does not live at the new address.

  (4)   The Electoral Commissioner may take the action before the end of the 28 days if the person indicates to the Electoral Commissioner within that period that the person does live at the new address.

  (5)   Despite subsections   (3) and (4), the Electoral Commissioner must not take the proposed action described in paragraph   (2)(b) within a period:

  (a)   starting at 8 pm on the day of the close of the Rolls for an election to be held in a Division to which the new Roll relates; and

  (b)   ending on the close of the poll for the election.

Notice of decision or decision not to take action

  (6)   If the Electoral Commissioner takes the proposed action described in paragraph   (2)(a) or (b) or decides not to take that action, the Electoral Commissioner must give the person notice in writing of the action or the decision.

  (7)   If:

  (a)   under subsection   (6) the Electoral Commissioner gives the person notice in writing of the action; and

  (b)   the Electoral Commissioner has received a claim for transfer of the person's enrolment to the new address;

the Electoral Commissioner need not give the person notice under subparagraph   102(1)(b)(ii).

Electronic notification

  (8)   A notice may be given under this section by an electronic communication as defined in the Electronic Transactions Act 1999 , whether or not the person consents as described in paragraph   9(2)(d) of that Act. This does not limit the ways in which the notice may be given.