Commonwealth Consolidated Acts Commonwealth Consolidated ActsApplication
(1) This section applies if the Electoral Commissioner is satisfied that a person:
(a) is entitled to enrolment; and
(b) has lived at an address (the proposed enrolment address ) in a Subdivision (the relevant Subdivision ) for at least one month; and
(c) the person is not enrolled.
Notice of proposed action to enrol a person
(2) The Electoral Commissioner may give the person a notice in writing setting out the date of the notice, the proposed enrolment address and the fact that the Electoral Commissioner is satisfied that the person lives at that address and stating:
(a) that the Electoral Commissioner proposes to enter the person's name and other particulars required by section 83 on the Roll for the relevant Subdivision (the proposed action ); and
(b) that the Electoral Commissioner will not take the proposed action if satisfied by information given by the person to the Electoral Commissioner within 28 days after the date of the notice that the person:
(i) does not live at the proposed enrolment address; or
(ii) is not entitled to enrolment.
Taking action to enrol a person
(3) The Electoral Commissioner may take the proposed action unless satisfied by information given by the person to the Electoral Commissioner within 28 days after the notice that the person:
(a) does not live at the proposed enrolment address; or
(b) is not entitled to enrolment.
(4) The Electoral Commissioner may take the proposed action before the end of the 28 days if the person indicates to the Electoral Commissioner within that period that the person:
(a) does live at the proposed enrolment address; and
(b) is entitled to enrolment.
(5) Despite subsections (3) and (4), the Electoral Commissioner must not take the proposed action within a period:
(a) starting at 8 pm on the day of the close of the Rolls for an election to be held in a Division to which the Roll for the relevant Subdivision relates; and
(b) ending on the close of the poll for the election.
Notice that action has or has not been taken
(6) If the Electoral Commissioner takes the proposed action, or decides not to take that action, the Electoral Commissioner must give the person notice in writing of:
(a) the action or the decision; and
(b) the person's full name and address as entered on the Roll for the person (if applicable).
(7) If:
(a) under subsection (6) the Electoral Commissioner gives the person notice in writing of the action; and
(b) the Electoral Commissioner has received a claim for enrolment in respect of the relevant address;
the Electoral Commissioner need not give the person notice under subparagraph 102(1)(b)(ii).
Electronic notification
(8) A notice may be given under this section by an electronic communication as defined in the Electronic Transactions Act 1999 , whether or not the person consents as described in paragraph 9(2)(d) of that Act. This does not limit the ways the notice may be given.