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ELECTORAL ACT 2002 - SECT 22 Entitlement to enrolment of electors for Assembly and Council

ELECTORAL ACT 2002 - SECT 22

Entitlement to enrolment of electors for Assembly and Council

    (1)     A person who is qualified to enrol as an elector for the Assembly and Council under the Constitution Act 1975 and has lived at an address in Victoria that is the person's principal place of residence for at least one month immediately before the date of the person's claim for enrolment as an elector is entitled in respect of living at that address to enrol on the register of electors.

    (2)     A person who is serving a sentence of imprisonment or detention imposed by a court upon a conviction for an offence is deemed to be enrolled for the address at which the person lived as the person's principal place of residence at the time of the conviction.

S. 22(3) amended by No. 30/2018 s. 5.

    (3)     Despite subsection (1), if a person's name appears on a roll maintained under the Commonwealth Electoral Act 1918 for a Commonwealth subdivision in respect of an address in Victoria and that roll is annotated to indicate that the elector is an eligible overseas elector under section 94, 94A or 95 of the Commonwealth Electoral Act 1918, the person is entitled to be enrolled on the register of electors for that address.

    (4)     Despite subsection (1), if a person's name appears on a roll maintained under the Commonwealth Electoral Act 1918 in respect of an address in a Commonwealth subdivision in Victoria with which the person has established a connection under section 96 of that Act and that roll is annotated to indicate that the elector is an itinerant elector under section 96 of that Act, the person is entitled to be enrolled on the register of electors for that address.

    (5)     A person who has attained 17 years of age is entitled to enrol on the register of electors if—

        (a)     the person would be entitled to enrol under subsection (1) had the person attained 18 years of age; and

        (b)     the person has made a claim under section 23(2).

    (6)     An Antarctic elector is deemed to be enrolled for the address at which the Antarctic elector lived as his or her principal place of residence immediately before leaving Victoria for Antarctica.