New South Wales Consolidated Acts

PARLIAMENTARY ELECTORATES AND ELECTIONS ACT 1912 - SECT 20B

20B Eligibility of spouse or child of eligible overseas elector

(1) A person:

(a) who is the spouse or child of a person who is an eligible overseas elector in relation to a subdivision by virtue of section 20A,

(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 last ceasing 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 20 but would be so qualified if the person resided in a subdivision,

(f) who intends to resume residing in Australia not later than 6 years after the day on which the person attains 18 years of age, and

(g) whose name has been added to an electoral roll maintained under the Commonwealth Act for a Commonwealth subdivision and that roll is annotated to indicate that the elector is an eligible overseas elector under section 95 of the Commonwealth Act,

shall be enrolled for the subdivision corresponding with the Commonwealth subdivision referred to in paragraph (g) for which the eligible overseas elector is enrolled with an annotation to indicate that the person is an eligible overseas elector and is, while the person’s name continues to be included and annotated on the Commonwealth roll referred to in paragraph (g), entitled:

(h) to have the person’s name retained on the roll for the subdivision, and

(i) to vote as an elector of the subdivision.

(2) For the purposes of this section, where a child is adopted by a person, that child shall be taken to be the child of that person.

(3) In this section:
"child" includes an exnuptial child.
"spouse", in relation to a person (in this subsection referred to as the "relevant person") includes a person who, although not legally married to the relevant person, lives with the relevant person as the spouse of the relevant person on a permanent and bona fide domestic basis.