(1) Whenever the State
Administrative Tribunal makes a guardianship or administration order or an
order under section 66 or 106 in respect of a person who is enrolled as an
elector under the Electoral Act 1907 it shall consider whether he is capable
of making judgments for the purpose of complying with the provisions of that
Act relating to compulsory voting; and if it is satisfied that the person is
not capable of doing so it shall include in the guardianship or administration
order or order under section 66 or 106 a declaration to that effect.
(2) The State
Administrative Tribunal may also —
consider the matter referred to in subsection (1) at any later time and make a
declaration mentioned in that subsection; or
any time revoke a declaration under that subsection.
(3) A declaration
under subsection (1) ceases to have effect when a guardianship or
administration order or order under section 66 or 106 is revoked.
(4) As soon as is
practicable after a declaration under subsection (1), or a revocation of a
declaration, is made by the State Administrative Tribunal, or after a
guardianship or administration order or order under section 66 or 106 is
revoked, the executive officer shall, for the purposes of section 51AA of the
Electoral Act 1907 , give notice in writing to the Electoral Commissioner
appointed under that Act of the declaration or revocation showing particulars
of the name, address, age and occupation of the person to whom the notice
(5) The powers in
subsection (2) may be exercised by the State Administrative Tribunal on the
application of the guardian or administrator or donee of a power of attorney
under Part 9, and any such application may be made ex parte or the Tribunal
may give directions as to the persons to whom notice of the application shall
be given and who shall be entitled to be heard.
[Section 111 amended: No. 16 of 1992 s. 18; No. 55
of 2004 s. 455 and 466.]