Commonwealth Electoral Legislation Amendment Act 1983 No. 144 of 1983 - SECT 28 Compulsory enrolment and transfer

Commonwealth Electoral Legislation Amendment Act 1983 No. 144 of 1983 - SECT 28

28. Section 42 of the Principal Act is amended-

   (a)  by inserting in sub-section (1) '', otherwise than by virtue of
section 39A, 39B, 39C or 41A,'' after ''Subdivision'' (first occurring);

   (b)  by omitting from sub-section (1) '', in accordance with the directions
        printed thereon, a claim in the prescribed form,'' and substituting
        ''a claim'';

   (c)  by omitting from sub-section (1) ''the Registrar for the Subdivision''
        and substituting ''any Divisional Returning Officer'';

   (d)  by inserting after sub-section (1) the following sub-section:

''(1A) Where a person sends or delivers a claim for enrolment, or for transfer
of enrolment, to a Divisional Returning Officer for a Division other than the
Division (in this sub-section referred to as the 'proper Division') on the
Roll for a Subdivision of which the person is entitled to be enrolled, the
Divisional Returning Officer shall note on the claim the date of its receipt
by him and forthwith send the claim and any documents sent or delivered by the
person with the claim to the Divisional Returning Officer for the proper
Division.'';

   (e)  by omitting from sub-section (2) ''the Registrar for the Subdivision
        for which he is entitled to be enrolled'' and substituting ''a
        Divisional Returning Officer'';

   (f)  by omitting from sub-section (2) ''in the prescribed form'';

   (g)  by omitting sub-section (3) and substituting the following
        sub-section:

''(3) Where a person (including a person whose address, in pursuance of a
request made under section 46A, is not entered on a Roll) changes his place of
living from one address in the Subdivision for which he is enrolled to another
address in that Subdivision, he shall, within 21 days after the date of making
the change, give notice in writing of the new address to the Divisional
Returning Officer for the Division that includes that Subdivision.'';

   (h)  by omitting from sub-section (4) ''this section'' and substituting
        ''sub-section (1) or (2)''; and

   (j)  by omitting sub-section (5) and substituting the following
        sub-section:

''(5) Where a person sends or delivers a claim for enrolment, or for transfer
of enrolment, to a Divisional Returning Officer, proceedings shall not be
instituted against that person for any offence against sub-section (1) or (2)
committed before he sent or delivered that claim.''.