Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

COMMONWEALTH ELECTORAL ACT 1918 - SECT 93

Persons entitled to enrolment and to vote

             (1)  Subject to subsections (7) and (8) and to Part VIII, all persons:

                     (a)  who have attained 18 years of age; and

                     (b)  who are:

                              (i)  Australian citizens; or

                             (ii)  persons (other than Australian citizens) who would, if the relevant citizenship law had continued in force, be British subjects within the meaning of that relevant citizenship law and whose names were, immediately before 26 January 1984:

                                        (A)  on the roll for a Division; or

                                        (B)  on a roll kept for the purposes of the Australian Capital Territory Representation (House of Representatives) Act 1973 or the Northern Territory Representation Act 1922 ;

shall be entitled to enrolment.

             (2)  Subject to subsections (3), (4), (5) and (8AA), an elector whose name is on the Roll for a Division is entitled to vote at elections of Members of the Senate for the State that includes that Division and at elections of Members of the House of Representatives for that Division.

             (3)  An elector:

                     (a)  whose name has been placed on a Roll in pursuance of a claim made under section 100; and

                     (b)  who has not attained 18 years of age on the date fixed for the polling in an election;

is not entitled to vote at that election.

             (4)  Notwithstanding section 100 or any enrolment in pursuance of a claim made under that section, for the purposes of this Act in its application in relation to an election, a person who has not attained 18 years of age on the date fixed for the polling in that election shall not be taken to be:

                     (a)  entitled to be enrolled on a Roll; or

                     (b)  enrolled on a Roll.

             (5)  A person is not entitled to vote more than once at any Senate election or any House of Representatives election, or at more than one election for the Senate or for the House of Representatives held on the same day.

             (7)  A person who is:

                     (a)  within the meaning of the Migration Act 1958 , the holder of a temporary visa; or

                     (b)  an unlawful non-citizen under that Act;

is not entitled to enrolment under Part VIII.

             (8)  A person who:

                     (a)  by reason of being of unsound mind, is incapable of understanding the nature and significance of enrolment and voting; or

                     (b)  has been convicted of treason or treachery and has not been pardoned;

is not entitled to have his or her name placed or retained on any Roll or to vote at any Senate election or House of Representatives election.

       (8AA)  A person who is serving a sentence of imprisonment of 3 years or longer is not entitled to vote at any Senate election or House of Representatives election.

Note:          For the definition of sentence of imprisonment , see subsection 4(1A).

          (8A)  In subsection (1), relevant citizenship law means the Australian Citizenship Act 1948 as amended and in force immediately before the day fixed by Proclamation for the purposes of subsection 2(2) of the Australian Citizenship Amendment Act 1984 and the regulations in force immediately before that day under the Australian Citizenship Act 1948 as so amended and in force.

           (10)  The reference in subsection (8) to treason or treachery includes a reference to treason or treachery committed in relation to the Crown in right of a State or the Northern Territory or in relation to the government of a State or the Northern Territory.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback