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COMMONWEALTH ELECTORAL ACT 1918 - SECT 102

Action on receipt of claim

  (1)   Subject to subsection   (4), if, pursuant to section   101, the Electoral Commissioner receives a claim for enrolment, or transfer of enrolment, the Electoral Commissioner must:

  (a)   note on the claim the date of its receipt; and

  (b)   if the claim is in order and the Electoral Commissioner is satisfied that the claimant is entitled, in respect of residence at an address, to be enrolled for a Subdivision, without delay:

  (i)   enter on the Roll for the Subdivision the name of the claimant and the other particulars required by section   83; and

  (ii)   notify the claimant in writing that he or she has been enrolled for that Subdivision; and

  (iii)   in the case of a claim for transfer of an enrolment from the Roll for another Subdivision--delete the name of the claimant from the Roll for that other Subdivision; and

  (c)   if the claim is in order but the Electoral Commissioner is satisfied that the claimant is already properly enrolled in respect of residence at the address in the Subdivision for which he or she is entitled to be enrolled--notify the claimant, in writing, that he or she has been enrolled for that Subdivision; and

  (d)   if the claim is not in order or the Electoral Commissioner is not satisfied that the claimant is entitled, in respect of residence at an address, to be enrolled for a Subdivision--notify the claimant in writing that the claim has been rejected.

  (2)   Before dealing with a claim under paragraph   (1)(b), (c) or (d), the Electoral Commissioner may make any inquiries that he or she thinks necessary.

  (3)   Notice of a decision given to a claimant by the Electoral Commissioner under paragraph   (1)(d) must include:

  (a)   a statement of the reasons for the decision; and

  (b)   a statement setting out the rights of the claimant to have the decision reviewed under Part   X.

  (4)   Subject to subsection   (5), if:

  (a)   a claim under section   101 is received by the Electoral Commissioner during the period (the suspension period ):

  (i)   starting at 8 pm on the day of the close of the Rolls for an election to be held in a Division; and

  (ii)   ending on the close of the poll for the election; and

  (b)   the claim relates to a Subdivision of that Division;

the claim must not be considered until after the end of the suspension period.

  (5)   If:

  (a)   a claim under section   101 is received by the Electoral Commissioner during the suspension period; and

  (b)   the Australian Postal Corporation has notified the Electoral Commission in writing that:

  (i)   the delivery of mail identified in the notification was delayed by an industrial dispute affecting a specified post office or mail exchange; and

  (ii)   but for the industrial dispute, that mail would, in the ordinary course of post, have been delivered before the start of the suspension period; and

  (c)   the claim is included in the mail identified in the notification;

then, despite subsection   (4):

  (d)   the claim must be regarded as having been received before the start of the suspension period; and

  (e)   if the claimant's name is entered on the Roll in accordance with the claim, the enrolment must, in relation to any vote recorded by the claimant in an election, be regarded as having been effected before the start of the suspension period.

  (6)   A name may, at any time, be removed from a Roll pursuant to a notice of transfer of enrolment.


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