Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Where a person considers that having his or her address shown on the Roll for a Subdivision would place the personal safety of the person or of members of the person's family at risk, he or she may lodge with the claim for enrolment (including a provisional claim for enrolment) a request, in the approved form, that his or her address not be entered on the Roll for the Subdivision for which enrolment is claimed.
(2) Where:
(a) the address of a person is included in the particulars relating to the person that are entered on the Roll for a Subdivision; and
(b) the person considers that having his or her address so shown places the personal safety of the person or of members of his or her family at risk;
the person may lodge with the Electoral Commissioner a request, in the approved form, that his or her address be deleted from the particulars that are entered on that Roll.
(3) A request under subsection (1) or (2) shall give particulars of the relevant risk and shall be verified by statutory declaration by the person making the request or some other person.
(4) Where:
(a) a request has been made under subsection (1) or (2); and
(b) the Electoral Commissioner is satisfied that having the address of the person making the request shown on the Roll for the Subdivision would place or places the personal safety of the person or members of the person's family at risk;
(c) in a case where the request was lodged under subsection (1)--shall not include the address of the person in the particulars relating to the person that are entered on the Roll for the Subdivision; and
(d) in a case where the request is lodged under subsection (2)--shall delete the address of the person from the particulars relating to the person that are entered on the Roll for the Subdivision.
(4A) If:
(a) the address of an elector is not shown on the Roll for a Subdivision because of this section; and
(b) the elector's name is transferred to a Roll for another Subdivision;
the Electoral Commissioner must not enter the elector's address on the Roll for the other Subdivision.
(5) Where the Electoral Commissioner grants or refuses a request made by a person under subsection (1) or (2), the Electoral Commissioner shall notify the person in writing of the decision.
(6) Notwithstanding anything contained in section 107, where an address is deleted from a Roll in pursuance of subsection (4), the address so deleted shall be obliterated.
(7) The Electoral Commissioner may conduct a review of the Roll for a Subdivision of a Division in relation to electors whose addresses are not shown on the Roll by virtue of this section.
(8) If, after such a review, the Electoral Commissioner is not satisfied that the personal safety of a elector whose address is not shown on the Roll, or of the elector's family, would be at risk if the elector's address were shown on the Roll, the Electoral Commissioner must notify the elector in writing that the Electoral Commissioner has decided that the elector's address should be entered on the Roll.
(9) If:
(a) the decision that the elector's address should be entered on the Roll has not been set aside under subsection 120(5), or by the Administrative Review Tribunal or a court; and
(b) it is no longer possible for the decision to be so set aside;
the Electoral Commissioner must enter the elector's address on the Roll.
(10) For the purposes of this Act, if the address of a person is not shown on the Roll for a Subdivision because of a request made by the person under subsection (1) or (2), the name of the person is taken to have been placed on the Roll:
(a) if the person has not given notice of a change of address under subsection 101(5)--in respect of the address that would have been shown on the Roll had the request not been made; or
(b) if the person gives notice of a change of address under subsection 101(5)--in respect of the new address.
(11) For the purposes of this section, the members of a person's family are taken to include the following (without limitation):
(a) a de facto partner of the person;
(b) a child of the person, or someone of whom the person is a child, because of the definition of child in section 4;
(c) anyone else who would be a member of the person's family because a person mentioned in paragraph (a) or (b) is taken to be a member of the family.