Commonwealth Consolidated Acts

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COMMONWEALTH ELECTORAL ACT 1918 - SECT 105

Alteration of Rolls

  (1)   In addition to other powers of alteration conferred by this Act, the Electoral Commissioner may alter any Roll by:

  (a)   correcting any mistake or omission in the particulars of the enrolment of an elector;

  (c)   removing the name of any deceased elector;

  (d)   striking out the superfluous entry where the name of the same elector appears more than once on the same Subdivision Roll;

  (e)   reinstating any name removed by mistake as the name of a deceased elector;

  (f)   where the Electoral Commissioner is satisfied that an objection against the enrolment of an elector whose name has been deleted from the Roll as a result of the objection was based on a mistake of fact and that the person objected to still retains and has continuously retained his or her right to the enrolment in respect of which the objection was made--reinstating on the Roll the name of the elector;

  (g)   reinstating any other name removed by mistake; and

  (h)   where the name of a street or any other part of an address that appears on the Roll is changed--substituting the new name or other part of the address for the name or other part of the address so appearing.

  (1A)   If the address of an elector is altered under paragraph   (1)(h), then, after the alteration, this Act has effect as if the elector's name had been placed on the Roll in respect of the address as altered.

  (2)   If:

  (a)   the name of an elector has, pursuant to a claim, been incorrectly placed on the Roll for a Subdivision (other than the Subdivision in which the elector was living at the date of the claim); and

  (b)   the elector was entitled on that date to be enrolled for the Subdivision in which he or she was living;

the Electoral Commissioner may remove the name of the elector from the Roll on which the elector is enrolled and place the name of the elector on the Roll for the Subdivision in which the elector is living and notify the elector of the change of enrolment.

  (3)   An alteration to a Roll in pursuance of subsection   (1) or (2) may be made at any time.

  (4)   The Electoral Commissioner may enter the name of an elector who is not enrolled, and who has made a declaration vote, on the Roll for the Subdivision in which the elector was living at the time of voting if:

  (a)   at a preliminary scrutiny of declaration votes conducted in accordance with Schedule   3:

  (i)   the envelope containing the elector's ballot paper meets the requirements of paragraph   6 of that Schedule (about ballot papers being properly issued); and

  (ii)   paragraph   12 of that Schedule (about omissions from a Roll due to error or a mistake of fact) applies to the envelope; or

  (b)   at a preliminary scrutiny of declaration votes conducted in accordance with Schedule   4 to the Referendum (Machinery Provisions) Act 1984 :

  (i)   the envelope containing the elector's ballot paper meets the requirements of paragraph   6 of that Schedule (about ballot papers being properly issued); and

  (ii)   paragraph   11 of that Schedule (about omissions from a Roll due to error or a mistake of fact) applies to the envelope.



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