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COMMONWEALTH ELECTORAL ACT 1918 - SECT 99A

Provisional claim for enrolment by applicant for citizenship

  (1)   A person who:

  (a)   makes an application to become an Australian citizen under section   21 of the Australian Citizenship Act 2007 ; and

  (b)   would, if he or she were an Australian citizen, be entitled, in respect of residence at an address, to enrolment for a subdivision;

may make a provisional claim for enrolment for that subdivision.

  (2)   If a person who has made a provisional claim for enrolment for a subdivision, either under subsection   (1) or under this subsection:

  (a)   is living at an address in another subdivision; and

  (b)   has lived at that address for the period of one month last past;

the person may make a provisional claim for enrolment for that other subdivision.

  (3)   If a person makes a provisional claim for enrolment under subsection   (2), any previous provisional claim for enrolment by that person has no effect.

  (4)   A claim:

  (a)   must be in the approved form; and

  (b)   subject to subsection   (5), must be signed by the claimant; and

  (c)   must be lodged:

  (i)   if the claim is made under subsection   (1)--together with the claimant's application to become an Australian citizen; or

  (ii)   if the claim is made under subsection   (2)--with the Electoral Commissioner; and

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

  (5)   If:

  (a)   a person wishes to make a provisional claim for enrolment; and

  (b)   a registered medical practitioner has certified, in writing, that the person is so physically incapacitated that the person cannot sign the claim;

another person may, on behalf of the person, fill out and sign the claim in accordance with the directions of the first - mentioned person.

  (6)   The Secretary of the Immigration Department must:

  (a)   send to the Electoral Commissioner, as soon as practicable, any provisional claim for enrolment lodged by a person under subparagraph   (4)(c)(i); and

  (b)   if the person becomes an Australian citizen as a result of the person's application to become an Australian citizen--inform the Electoral Commissioner, as soon as practicable, that the person has become an Australian citizen.

  (7)   If a person who has made a provisional claim for enrolment for a subdivision becomes an Australian citizen, the provisional claim is taken to be a claim for enrolment for the subdivision, made by the person on the day on which the person becomes an Australian citizen.

  (8)   If a person who has made a provisional claim for enrolment is refused approval to become an Australian citizen, the provisional claim has no effect.



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