Commonwealth Consolidated Acts

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COMMONWEALTH ELECTORAL ACT 1918 - SECT 94A

Enrolment from outside Australia

  (1)   A person may apply to the Electoral Commissioner for enrolment for a Subdivision if, at the time of making the application:

  (a)   the person has ceased to reside in Australia; and

  (b)   the person is not enrolled; and

  (c)   the person is not qualified for enrolment, but would be so qualified if he or she resided at an address in a Subdivision of a Division, and had done so for at least a month; and

  (d)   the person intends to resume residing in Australia not later than 6 years after he or she ceased to reside in Australia.

  (2)   An application:

  (a)   must be in the approved form; and

  (b)   must be signed by the applicant; and

  (c)   must be made within 3 years of the day on which the applicant ceased to reside in Australia; and

  (d)   must comply with section   98AA (evidence of identity requirements).

  (3)   The Electoral Commissioner must add the person's name to the Roll:

  (a)   for the Subdivision for which the person last had an entitlement to be enrolled; or

  (b)   if the person has never had such an entitlement, for a Subdivision for which any of the person's next of kin is enrolled; or

  (c)   if neither paragraph   (a) nor (b) applies, for the Subdivision in which the person was born; or

  (d)   if none of paragraphs   (a), (b) and (c) applies, for the Subdivision with which the person has the closest connection.

  (4)   If:

  (a)   the application is received by the Electoral Commissioner after 8 pm on the day of the close of the Rolls for an election to be held in a Division; and

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

the person's name must not be added to the Roll for the Subdivision until after the close of the poll for that election.

  (5)   The Electoral Commissioner must notify the person in writing:

  (a)   of a decision to grant or refuse the application; or

  (b)   of the Electoral Commissioner's opinion that the application cannot be proceeded with because of subsection   (4).

  (6)   If the application is granted, the Electoral Commissioner must treat the application as if it were a valid application under subsection   94(1) by the person to be treated as an eligible overseas elector.


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