Commonwealth Consolidated Acts

COMMONWEALTH ELECTORAL ACT 1918 - SECT 105

             (1)  In addition to other powers of alteration conferred by this Act, a Divisional Returning Officer may alter any Roll kept by the officer by:

                     (a)  correcting any mistake or omission in the particulars of the enrolment of an elector;

                     (c)  removing the name of any deceased elector;

                     (d)  striking out the superfluous entry where the name of the same elector appears more than once on the same Subdivision Roll;

                     (e)  reinstating any name removed by mistake as the name of a deceased elector;

                      (f)  where the officer is satisfied that an objection against the enrolment of an elector whose name has been deleted from the Roll as a result of the objection was based on a mistake of fact and that the person objected to still retains and has continuously retained his or her right to the enrolment in respect of which the objection was made--reinstating on the Roll the name of the elector;

                     (g)  reinstating any other name removed by mistake; and

                     (h)  where the name of a street or any other part of an address that appears on the Roll is changed--substituting the new name or other part of the address for the name or other part of the address so appearing.

          (1A)  If the address of an elector is altered under paragraph (1)(h), then, after the alteration, this Act has effect as if the elector's name had been placed on the Roll in respect of the address as altered.

             (2)  Where the name of an elector has, pursuant to a claim, been incorrectly placed on the Roll for a Subdivision other than the Subdivision in which the elector was living at the date of the claim, and the elector was entitled on that date to be enrolled for the Subdivision in which he or she was living:

                     (a)  if the 2 Subdivisions are both in the same Division, the Divisional Returning Officer may remove the name of the elector from the Roll on which the elector is enrolled and place the name of the elector on the Roll for the Subdivision in which the elector is living and notify the elector of the change of enrolment; and

                     (b)  if the 2 Subdivisions are not in the same Division, the Australian Electoral Officer shall forward a certificate setting forth the facts to the Divisional Returning Officer for the Division for which the elector is enrolled, and the Divisional Returning Officer for the Division in which the elector is living, and thereupon the Divisional Returning Officer for the Division for which the elector is enrolled shall remove the name of the elector from that Roll and the Divisional Returning Officer for the Division in which the elector is living shall place the name of the elector on the Roll for the Subdivision in which the elector is living and notify the elector of the change of enrolment.

             (3)  An alteration to a Roll in pursuance of subsection (1) or (2) may be made at any time.

             (4)  If a vote is:

                     (a)  admitted to further scrutiny at a preliminary scrutiny of declaration votes because of paragraph 12 of Schedule 3; or

                     (b)  admitted to further scrutiny at a preliminary scrutiny conducted under section 89A of the Referendum (Machinery Provisions) Act 1984 because of paragraph 11 of Schedule 4 to that Act;

the Divisional Returning Officer for the relevant Division must enter the elector's name on the Roll for the Subdivision for which, but for the error or mistake, the name would have appeared.