Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Where a person:
(a) who is the spouse, de facto partner or child of a person who is an eligible overseas elector by virtue of section 94 in relation to a Subdivision (in this subsection referred to as the relevant Subdivision );
(b) who is living at a place outside Australia so as to be with or near the eligible overseas elector;
(c) who had not attained 18 years of age when he or she last ceased to reside in Australia;
(d) whose name is not, and has not been, on a Roll;
(e) who is not qualified for enrolment under section 93 but would be so qualified if he or she resided at an address in a Subdivision of a Division; and
(f) who intends to resume residing in Australia not later than 6 years after the day on which he or she attained 18 years of age;
applies to the Divisional Returning Officer for the Division that includes the relevant Subdivision to have his or her name placed on the Roll for the relevant Subdivision and to be treated as an eligible overseas elector, the Divisional Returning Officer to whom the application is made shall, subject to subsection (4):
(g) add the name of the person to the Roll for the relevant Subdivision; and
(h) annotate the Roll for the relevant Subdivision so as to indicate that the person is an eligible overseas elector;
and, subject to subsections (7), (12) and (13), the person is entitled to be treated as an eligible overseas elector from the time when the annotation is made until it is cancelled.
(2) The application must be:
(a) in the approved form; and
(b) signed by the person; and
(c) attested to by a person referred to in paragraph 98(2)(c) (but see subsections (2AA) and (2A)); and
(d) supported by the evidence of the person's identity that is required by the regulations (but see subsection (2AB)).
(2AA) The requirement in paragraph (2)(c) does not apply once the regulations in relation to evidentiary requirements for enrolment are in operation.
(2AB) To avoid doubt, the requirement in paragraph (2)(d) does not apply unless regulations are in operation for the purposes of that paragraph when the application is made.
(2A) An application that does not meet the requirement in paragraph (2)(c) is taken to meet that requirement for the purposes of this Act if:
(a) the application is accompanied by a signed statement by the person making the application setting out why the person was unable to meet the requirement; and
(b) the Divisional Returning Officer is satisfied that the person made reasonable efforts to comply with the requirement; and
(c) the application is accompanied by a photocopy, that is certified by the person to be a true copy, of a part of the person's passport that includes:
(i) the country and date of issue and the number of the passport; and
(ii) the person's name, date of birth and signature; and
(iii) a photograph of the person.
(3) Notwithstanding anything contained in subsection 99(1) or (2), while a person is entitled to be treated as an eligible overseas elector by virtue of an annotation under subsection (1) to the Roll for a Subdivision, the person is entitled to:
(a) have his or her name retained on the Roll for the Subdivision; and
(b) vote as an elector of the Subdivision.
(4) Where an application under this section is received by a Divisional Returning Officer after 8 p.m. on the date of the writ for an election to be held in the Division, the name of the applicant shall not be added to the Roll for a Subdivision, and the annotation of the Roll under subsection (1) in relation to the applicant shall not be made, until after the close of the polling at that election.
(5) The Divisional Returning Officer must notify the person in writing:
(a) of a decision to grant or refuse the application; or
(b) of a decision to refuse the application because it:
(i) does not meet the requirement in paragraph (2)(c); and
(ii) is not taken to meet that requirement because of subsection (2A); or
(c) of the Divisional Returning Officer's opinion that the application cannot be proceeded with because of subsection (4).
(6) Where a person who has applied under subsection (1) to be treated as an eligible overseas elector:
(a) resumes residing in Australia within 6 years after the day on which he or she attained 18 years of age;
(b) ceases to have the intention to resume residing in Australia within 6 years after the day on which he or she attained 18 years of age; or
(c) ceases to be qualified for enrolment;
the person shall, as soon as practicable, give notice in writing to the Divisional Returning Officer to whom the application under subsection (1) to be treated as an eligible overseas elector was made of the happening of the event referred to in paragraph (a), (b) or (c), as the case may be.
(7) Subject to subsection (13), where a person who is being treated as an eligible overseas elector under this section resumes residing in Australia within 6 years after the day on which he or she attained 18 years of age, the person ceases to be eligible to be treated as an eligible overseas elector under this section on the expiration of 1 month after the day on which he or she resumes residing in Australia.
(8) Where a person who is an eligible overseas elector in relation to a Subdivision by virtue of this section:
(a) ceases to have the intention to resume residing in Australia within the period (in this subsection referred to as the relevant period ) of 6 years after the day on which he or she attained 18 years of age; and
(b) intends to resume residing in Australia at some time after the expiration of the relevant period;
applies, within 3 months before the expiration of the relevant period, to the Divisional Returning Officer for the Division for which he or she is enrolled to be treated as an eligible overseas elector for a further period of 1 year commencing on the expiration of the relevant period, the Divisional Returning Officer to whom the application is made shall annotate the Roll for that Subdivision so as to indicate that the eligible overseas elector is to be treated as an eligible overseas elector for that further period of 1 year.
(9) Where a person who:
(a) is being treated as an eligible overseas elector in relation to a Subdivision for a further period (in this subsection referred to as the relevant period ) of 1 year in pursuance of an application made under subsection (8) or under this subsection; and
(b) intends to resume residing in Australia;
applies, within 3 months before the expiration of the relevant period, to the Divisional Returning Officer for the Division for which he or she is enrolled to be treated as an eligible overseas elector for a further period of 1 year commencing on the expiration of the relevant period, the Divisional Returning Officer to whom the application is made shall annotate the Roll for that Subdivision so as to indicate that the eligible overseas elector is to be treated as an eligible overseas elector for that further period of 1 year.
(10) An application under subsection (8) or (9) shall be in writing and signed by the applicant.
(11) Where a person who is being treated as an eligible overseas elector in pursuance of an application made under subsection (8) or (9):
(a) resumes residing in Australia; or
(b) ceases to have the intention to resume residing in Australia;
the person shall, as soon as practicable, give notice in writing to the Divisional Returning Officer for the Division for which he or she is enrolled of the happening of the event referred to in paragraph (a) or (b), as the case may be.
(12) Subject to subsection (13), where a person who is being treated as an eligible overseas elector in pursuance of an application made under subsection (8) or (9) resumes residing in Australia, the person ceases to be entitled to be treated as an eligible overseas elector under this section on the expiration of 1 month after the day on which he or she resumes residing in Australia.
(13) A person ceases to be entitled to be treated as an eligible overseas elector under this section if:
(a) the person gives notice under paragraph (6)(b) and does not make an application under subsection (8);
(b) the person gives notice under paragraph (11)(b);
(c) while the person is being so treated, a general election is held at which the person neither votes nor applies for a postal vote;
(d) the person ceases to be entitled to enrolment;
(e) except where:
(i) the person has given notice under paragraph (6)(b); or
(ii) the person has made an application under subsection (8);
the period of 6 years commencing on the day on which the person attained the age of 18 years expires; or
(f) in a case where:
(i) the person is being treated as an eligible overseas elector in pursuance of an application made under subsection (8) or (9) for a further period (in this paragraph referred to as the relevant period ) of 1 year; and
(ii) the person does not make an application under subsection (9) to be treated as an eligible overseas elector for a further period of 1 year commencing on the expiration of the relevant period;
the relevant period expires.
(14) Where the Divisional Returning Officer for the Division on the Roll for a Subdivision of which an annotation in relation to a person under subsection (1) has been made becomes aware that the person has ceased to be entitled to be treated as an eligible overseas elector under this section by virtue of subsection (7), (12) or (13), the DRO shall:
(a) if the person ceases to be eligible otherwise than by virtue of paragraph (13)(d) and the person resides in the Division at the time when he or she ceases to be entitled to be treated as an eligible overseas elector under this section--cancel the annotation made in relation to the person under subsection (1); or
(b) in any other case--cancel the enrolment of the person on the Roll for the Subdivision.
(15) If, after an application is made by a person under subsection (1) to be treated as an eligible overseas elector and before the person's name is added to the Roll and an annotation under paragraph (1)(h) is made in relation to the person, an event occurs by reason of which, if the name had been so added and the annotation so made, the person would have ceased to be entitled to be treated as an eligible overseas elector under subsection (7) or (13), whether immediately or otherwise, then:
(a) where the name was not added to the Roll, and the annotation was not made, before the Divisional Returning Officer to whom the application was made became aware of the happening of the event--the Divisional Returning Officer shall not add the name to the Roll under this section or make the annotation; or
(b) where the name is added to the Roll and the annotation is made--the person ceases to be entitled to be treated as an eligible overseas elector immediately after the name is added and the annotation is made.
(17) In this section:
"Australia" does not include Norfolk Island.
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[Help]