Commonwealth Numbered Acts

Commonwealth Electoral Legislation Amendment Act 1983 No. 144 of 1983 - SECT 24

24. Sections 39A and 39B of the Principal Act are repealed and the following
sections are substituted: Enrolled voters leaving Australia

''39A. (1) Where an elector-

   (a)  whose name is on the Roll for a Subdivision of a Division; and

   (b)  who intends to cease to reside in Australia and then, not later than 3
        years after the day on which he so ceases, to resume residing in
        Australia, whether in that Subdivision or elsewhere,
applies, within 1 month immediately preceding the day on which he intends to
cease to reside in Australia, to the Divisional Returning Officer for that
Division to be treated as an eligible overseas elector, the Divisional
Returning Officer to whom the application is made shall annotate the Roll for
the Subdivision so as to indicate that the elector is an eligible overseas
elector and, subject to sub-sections (6), (7), (12) and (13), the elector is
entitled to be treated as an eligible overseas elector from the time when the
annotation is made until it is cancelled.

''(2) An application under sub-section (1) shall be in writing.

''(3) Notwithstanding anything in sub-section 41 (1) or (2), while a person is
entitled to be treated as an eligible overseas elector by virtue of an
annotation under sub-section (1) to the Roll for a Subdivision, the person is
entitled to-

   (a)  have his name retained on the Roll for the Subdivision; and

   (b)  vote as an elector of the Subdivision.

''(4) Where a person applies under sub-section (1) to the Divisional Returning
Officer for a Division to be treated as an eligible overseas elector and the
person's name is not on the Roll for a Subdivision of the Division, the
Divisional Returning Officer shall refuse the application and give notice in
writing of his decision to the person making the application.

''(5) Where a person who has applied under sub-section (1) to be treated as an
eligible overseas elector-

   (a)  does not cease to reside in Australia within 1 month after the day on
        which he applied to be treated as an eligible overseas elector;

   (b)  after ceasing to reside in Australia, resumes residing in Australia
        within 3 years after the day on which he so ceased to reside in
        Australia;

   (c)  ceases to have the intention to resume residing in Australia within 3
        years after the day on which he intends to cease to reside in
        Australia, or the day on which he ceased to reside in Australia, as
        the case requires; or

   (d)  ceases to be entitled to enrolment,
he shall, as soon as practicable, give notice in writing to the Divisional
Returning Officer to whom the application was made of the happening of the
event referred to in paragraph (a), (b), (c) or (d), as the case may be.

''(6) Subject to sub-section (13), if a person who is an eligible overseas
elector does not cease to reside in Australia within 1 month after the day on
which he applied under sub-section (1) to be treated as an eligible overseas
elector, the person ceases to be entitled to be treated as an eligible
overseas elector.

''(7) Subject to sub-section (13), where a person who is an eligible overseas
elector ceases to reside in Australia within 1 month after the day on which he
applied under sub-section (1) to be treated as an eligible overseas elector
and, within 3 years after the day on which he so ceased to reside in
Australia, he resumes residing in Australia, the person ceases to be entitled
to be treated as an eligible overseas elector under this section on the
expiration of 1 month after the day on which he resumes residing in Australia.

''(8) Where a person who is an eligible overseas elector in relation to a
Subdivision by virtue of this section-

   (a)  ceases to have the intention to resume residing in Australia within
        the period (in this sub-section referred to as the 'relevant period')
        of 3 years after the day on which he ceased to reside in Australia;
        and

   (b)  intends to resume residing in Australia at some time after the
        expiration of the relevant period,
and applies, within 3 months before the expiration of the relevant period, to
the Divisional Returning Officer for the Division for which he is enrolled to
be treated as an eligible overseas elector for a further period of 1 year
commencing on the expiration of the relevant period, the Divisional Returning
Officer to whom the application is made shall annotate the Roll for that
Subdivision so as to indicate that the eligible overseas elector is to be
treated as an eligible overseas elector for that further period of 1 year.

''(9) Where a person who-

   (a)  is being treated as an eligible overseas elector in relation to a
        Subdivision for a further period (in this sub-section referred to as
        the 'relevant period') of 1 year in pursuance of an application made
        under sub-section (8) or under this sub-section; and

   (b)  intends to resume residing in Australia,
applies, within 3 months before the expiration of the relevant period, to the
Divisional Returning Officer for the Division for which he is enrolled to be
treated as an eligible overseas elector for a further period of 1 year
commencing on the expiration of the relevant period, the Divisional Returning
Officer to whom the application is made shall annotate the Roll for that
Subdivision so as to indicate that the eligible overseas elector is to be
treated as an eligible overseas elector for that further period of 1 year.

''(10) An application under sub-section (8) or (9) shall be in writing.

''(11) Where a person who is being treated as an eligible overseas elector in
pursuance of an application made under sub-section (8) or (9)-

   (a)  resumes residing in Australia; or

   (b)  ceases to have the intention to resume residing in Australia,
he shall, as soon as practicable, give notice in writing to the Divisional
Returning Officer for the Division for which he is enrolled of the happening
of the event referred to in paragraph (a) or (b), as the case may be.

''(12) Subject to sub-section (13), where a person who is being treated as an
eligible overseas elector in pursuance of an application made under
sub-section (8) or (9) resumes residing in Australia, the person ceases to be
entitled to be treated as an eligible overseas elector under this section on
the expiration of 1 month after the day on which he resumes residing in
Australia.

''(13) A person ceases to be entitled to be treated as an eligible overseas
elector under this section if-

   (a)  the person gives notice under paragraph (5) (c) and does not make an
        application under sub-section (8);

   (b)  the person gives notice under paragraph (11) (b);

   (c)  while the person is being so treated, a general election is held at
        which he neither votes nor applies for a postal vote;

   (d)  the person ceases to be entitled to enrolment;

   (e)  except where-

        (i)    the person has given notice under paragraph (5) (b); or

        (ii)   the person has made an application under sub-section (8),

the period of 3 years commencing on the day on which the person ceased to
reside in Australia expires; or

   (f)  in a case where-

        (i)    the person is being treated as an eligible overseas elector in
               pursuance of an application made under sub-section (8) or (9)
               for a further period (in this paragraph referred to as the
               'relevant period') of 1 year; and

        (ii)   the person does not make an application under sub-section (9)
               to be treated as an eligible overseas elector for a further
               period of 1 year commencing on the expiration of the relevant
               period,

the relevant period expires.

''(14) Where the Divisional Returning Officer for the Division on the Roll for
a Subdivision of which an annotation in relation to a person under sub-section
(1) has been made becomes aware that the person has ceased to be entitled to
be treated as an eligible overseas elector under this section by virtue of
sub-section (6), (7), (12) or (13), he shall-

   (a)  if the person ceases to be eligible otherwise than by virtue of
        paragraph (13) (d) and the person resides in the Division at the time
        when he ceases to be entitled to be treated as an eligible overseas
        elector under this section-cancel the annotation made in relation to
        the person under sub-section (1); or

   (b)  in any other case-cancel the enrolment of the person on the Roll for
        the Subdivision.

''(15) If, after an application is made by a person under sub-section (1) to
be treated as an eligible overseas elector and before an annotation under
sub-section (1) is made in relation to the person, an event occurs by reason
of which, if the annotation had been made, the person would have ceased to be
entitled to be treated as an eligible overseas elector under sub-section (6),
(7) or (13), whether immediately or otherwise, then-

   (a)  where the annotation was not made before the Divisional Returning
        Officer to whom the application was made became aware of the happening
        of the event-the Divisional Returning Officer shall not make the
        annotation; or

   (b)  where the annotation is made-the annotation or the enrolment of the
        person, as the case requires, ceases to be in force immediately after
        the annotation is made.

''(16) For the purposes of this section, a person shall be taken to reside at
a place if, and only if, he has his real place of living, within the meaning
of sub-section 39 (4), at that place. Eligibility of spouse or child of
eligible overseas elector

''39B. (1) Where a person-

   (a)  who is the spouse or child of a person who is an eligible overseas
        elector by virtue of section 39A in relation to a Subdivision (in this
        sub-section referred to as the 'relevant Subdivision');

   (b)  who is living at a place outside Australia so as to be with or near
        the eligible overseas elector;

   (c)  who had not attained 18 years of age when he last ceased to reside in
        Australia;

   (d)  whose name is not, and has not been, on a Roll;

   (e)  who is not qualified for enrolment under section 39 but would be so
        qualified if he resided in a Subdivision of a Division; and

   (f)  who intends to resume residing in Australia not later than 3 years
        after the day on which he attained 18 years of age,
applies to the Divisional Returning Officer for the Division that includes the
relevant Subdivision to have his name placed on the Roll for the relevant
Subdivision and to be treated as an eligible overseas elector, the Divisional
Returning Officer to whom the application is made shall, subject to
sub-section (4)-

   (g)  add the name of the person to the Roll for the relevant Subdivision;
        and

   (h)  annotate the Roll for the relevant Subdivision so as to indicate that
        the person is an eligible overseas elector,
and, subject to sub-sections (7), (12) and (13), the person is entitled to be
treated as an eligible overseas elector from the time when the annotation is
made until it is cancelled.

''(2) An application under this section shall be in writing.

''(3) Notwithstanding anything contained in sub-section 41 (1) or (2), while a
person is entitled to be treated as an eligible overseas elector by virtue of
an annotation under sub-section (1) to the Roll for a Subdivision, the person
is entitled to-

   (a)  have his name retained on the Roll for the Subdivision; and

   (b)  vote as an elector of the Subdivision.

''(4) Where an application under this section is received by a Divisional
Returning Officer after 6 o'clock in the afternoon on the day of the close of
the Rolls for an election to be held in the Division, the name of the
applicant shall not be added to the Roll for a Subdivision, and the annotation
of the Roll under sub-section (1) in relation to the applicant shall not be
made, until after the close of the polling at that election.

''(5) Where a Divisional Returning Officer-

   (a)  grants or refuses an application made under sub-section (1); or

   (b)  is of the opinion that an application cannot be proceeded with because
        of the operation of sub-section (4),
the Divisional Returning Officer shall notify the applicant in writing of that
decision or opinion, as the case may be.

''(6) Where a person who has applied under sub-section (1) to be treated as an
eligible overseas elector-

   (a)  resumes residing in Australia within 3 years after the day on which he
        attained 18 years of age;

   (b)  ceases to have the intention to resume residing in Australia within 3
        years after the day on which he attained 18 years of age; or

   (c)  ceases to be qualified for enrolment,
he shall, as soon as practicable, give notice in writing to the Divisional
Returning Officer to whom the application under sub-section (1) to be treated
as an eligible overseas elector was made of the happening of the event
referred to in paragraph (a), (b) or (c), as the case may be.

''(7) Subject to sub-section (13), where a person who is being treated as an
eligible overseas elector under this section resumes residing in Australia
within 3 years after the day on which he attained 18 years of age, the person
ceases to be eligible to be treated as an eligible overseas elector under this
section on the expiration of 1 month after the day on which he resumes
residing in Australia.

''(8) Where a person who is an eligible overseas elector in relation to a
Subdivision by virtue of this section-

   (a)  ceases to have the intention to resume residing in Australia within
        the period (in this sub-section referred to as the 'relevant period')
        of 3 years after the day on which he attained 18 years of age; and

   (b)  intends to resume residing in Australia at some time after the
        expiration of the relevant period,
applies, within 3 months before the expiration of the relevant period, to the
Divisional Returning Officer for the Division for which he is enrolled to be
treated as an eligible overseas elector for a further period of 1 year
commencing on the expiration of the relevant period, the Divisional Returning
Officer to whom the application is made shall annotate the Roll for that
Subdivision so as to indicate that the eligible overseas elector is to be
treated as an eligible overseas elector for that further period of 1 year.

''(9) Where a person who-

   (a)  is being treated as an eligible overseas elector in relation to a
        Subdivision for a further period (in this sub-section referred to as
        the 'relevant period') of 1 year in pursuance of an application made
        under sub-section (8) or under this sub-section; and

   (b)  intends to resume residing in Australia,
applies, within 3 months before the expiration of the relevant period, to the
Divisional Returning Officer for the Division for which he is enrolled to be
treated as an eligible overseas elector for a further period of 1 year
commencing on the expiration of the relevant period, the Divisional Returning
Officer to whom the application is made shall annotate the Roll for that
Subdivision so as to indicate that the eligible overseas elector is to be
treated as an eligible overseas elector for that further period of 1 year.

''(10) An application under sub-section (8) or (9) shall be in writing.

''(11) Where a person who is being treated as an eligible overseas elector in
pursuance of an application made under sub-section (8) or (9)-

   (a)  resumes residing in Australia; or

   (b)  ceases to have the intention to resume residing in Australia,
he shall, as soon as practicable, give notice in writing to the Divisional
Returning Officer for the Division for which he is enrolled of the happening
of the event referred to in paragraph (a) or (b), as the case may be.

''(12) Subject to sub-section (13), where a person who is being treated as an
eligible overseas elector in pursuance of an application made under
sub-section (8) or (9) resumes residing in Australia, the person ceases to be
entitled to be treated as an eligible overseas elector under this section on
the expiration of 1 month after the day on which he resumes residing in
Australia.

''(13) A person ceases to be entitled to be treated as an eligible overseas
elector under this section if-

   (a)  the person gives notice under paragraph (6) (b) and does not make an
        application under sub-section (8);

   (b)  the person gives notice under paragraph (11) (b);

   (c)  while the person is being so treated, a general election is held at
        which he neither votes nor applies for a postal vote;

   (d)  the person ceases to be entitled to enrolment;

   (e)  except where-

        (i)    the person has given notice under paragraph (6) (b); or

        (ii)   the person has made an application under sub-section (8),

the period of 3 years commencing on the day on which the person attained the
age of 18 years expires; or

   (f)  in a case where-

        (i)    the person is being treated as an eligible overseas elector in
               pursuance of an application made under sub-section (8) or (9)
               for a further period (in this paragraph referred to as the
               'relevant period') of 1 year; and

        (ii)   the person does not make an application under sub-section (9)
               to be treated as an eligible overseas elector for a further
               period of 1 year commencing on the expiration of the relevant
               period,

the relevant period expires.

''(14) Where the Divisional Returning Officer for the Division on the Roll for
a Subdivision of which an annotation in relation to a person under sub-section
(1) has been made becomes aware that the person has ceased to be entitled to
be treated as an eligible overseas elector under this section by virtue of
sub-section (7), (12) or (13), he shall-

   (a)  if the person ceases to be eligible otherwise than by virtue of
        paragraph (13) (d) and the person resides in the Division at the time
        when he ceases to be entitled to be treated as an eligible overseas
        elector under this section-cancel the annotation made in relation to
        the person under sub-section (1); or

   (b)  in any other case-cancel the enrolment of the person on the Roll for
        the Subdivision.

''(15) If, after an application is made by a person under sub-section (1) to
be treated as an eligible overseas elector and before the person's name is
added to the Roll and an annotation under paragraph (1) (h) is made in
relation to the person, an event occurs by reason of which, if the name had
been so added and the annotation so made, the person would have ceased to be
entitled to be treated as an eligible overseas elector under sub-section (7)
or (13), whether immediately or otherwise, then-

   (a)  where the name was not added to the Roll, and the annotation was not
        made, before the Divisional Returning Officer to whom the application
        was made became aware of the happening of the event-the Divisional
        Returning Officer shall not add the name to the Roll under this
        section or make the annotation; or

   (b)  where the name is added to the Roll and the annotation is made-the
        person ceases to be entitled to be treated as an eligible overseas
        elector immediately after the name is added and the annotation is
        made.

''(16) For the purposes of this section, a person shall be taken to reside at
a place if, and only if, he has his real place of living, within the meaning
of sub-section 39 (4), at that place.

''(17) For the purposes of this section, where a child is adopted by a person,
that child shall be taken to be the child of that person.

''(18) In this section-

'child' includes an ex-nuptial child;

'spouse', in relation to a person (in this sub-section referred to as the
'relevant person') includes a person who, although not legally married to the
relevant person, lives with the relevant person as the spouse of the relevant
person on a permanent and bona fide domestic basis.
Itinerant electors

''39C. (1) Where a person who-

   (a)  is in Australia but does not reside in any Subdivision; and

   (b)  is not entitled to have his name placed on or retained on the Roll for
        any Subdivision by reason only that he does not reside in any
        Subdivision,
applies to the Australian Electoral Officer for a State to have his name added
to the Roll for a Subdivision in the State that is-

   (c)  the Subdivision for which the person's next of kin or, if the person
        has more than 1 next of kin, one of the person's next of kin, is
        enrolled at the time when the application is made;

   (d)  the Subdivision for which the person last had an entitlement to be
        enrolled;

   (e)  the Subdivision in which the person was born; or

   (f)  in a case in which there is no Subdivision for enrolment for which the
        person can apply in pursuance of paragraph (c), (d) or (e)-the
        Subdivision with which the person has the closest connection,
and to be treated as an itinerant elector, the Australian Electoral Officer
shall, subject to sub-section (4)-

   (g)  cause the name of the person to be added to the Roll for that
        Subdivision; and

   (h)  cause the Roll for that Subdivision to be annotated so as to indicate
        that the person is an itinerant elector,
and the elector is entitled to be treated as an itinerant elector from the
time when the annotation is made until it is cancelled.

''(2) An application under sub-section (1) shall be in writing.

''(3) Notwithstanding anything contained in sub-section 41 (1) or (2) , while
a person is entitled to be treated as an itinerant elector by virtue of an
annotation under sub-section (1) to the Roll for a Subdivision, the person is
entitled to-

   (a)  have his name retained on the Roll for the Subdivision; and

   (b)  vote as an elector of the Subdivision.

''(4) Where an application under this section is received by an Australian
Electoral Officer after 6 o'clock in the afternoon on the day of the close of
the Rolls for an election to be held in the Division to a Subdivision of which
the application relates, the name of the applicant shall not be added to the
Roll for the Subdivision, and the annotation of the Roll under sub-section (1)
in relation to the applicant shall not be made, until after the close of the
polling at that election.

''(5) Where an Australian Electoral Officer-

   (a)  grants or refuses an application made under sub-section (1); or

   (b)  is of the opinion that an application made under that sub-section
        cannot be proceeded with because of the operation of sub-section (4),
the Australian Electoral Officer shall notify the applicant in writing of that
decision or opinion, as the case may be.

''(6) Where an Australian Electoral Officer notifies a person under
sub-section (5) of a decision to refuse an application made under sub-section
(1), the notice shall include a statement to the effect that a person whose
interests are affected by the decision may, subject to the Administrative 
Appeals Tribunal Act 1975 , if he is dissatisfied with the decision, make an
application to the Administrative Appeals Tribunal for review of the decision.

''(7) Where a person who has applied under sub-section (1) to be treated as an
itinerant elector-

   (a)  resides in a Subdivision for a period of 1 month or longer;

   (b)  forms the intention to depart from Australia and to remain outside
        Australia for a period of 1 month or longer; or

   (c)  ceases to be entitled to enrolment,
he shall, as soon as practicable, give notice in writing to the Australian
Electoral Officer to whom the application under sub-section (1) was made of
the happening of the event referred to in paragraph (a), (b) or (c), as the
case may be.

''(8) Subject to sub-section (9), where a person who is being treated as an
itinerant elector under this section resides in a Subdivision for a period of
1 month or longer, the person ceases to be eligible to be treated as an
itinerant elector under this section on the expiration of that period of 1
month.

''(9) A person ceases to be entitled to be treated as an itinerant elector
under this section if-

   (a)  while the person is being so treated, a general election is held at
        which he neither votes nor applies for a postal vote;

   (b)  the person ceases to be entitled to enrolment; or

   (c)  the person departs from Australia and remains outside Australia for a
        period of 1 month or longer.

''(10) Where the Australian Electoral Officer who has caused the name of a
person to be added to the Roll for a Subdivision of a Division under this
section becomes aware that the person has ceased to be entitled to be treated
as an itinerant elector under this section by virtue of sub-section (8) or
(9), he shall-

   (a)  if the person ceases to be entitled otherwise than by virtue of
        paragraph (9) (b) and the person resides in the Division at the time
        when he ceases to be entitled to be treated as an itinerant elector
        under this section-cause the annotation made in relation to the person
        under sub-section (1) to be cancelled; or

   (b)  in any other case-cause the enrolment of the person on the Roll for
        the Subdivision to be cancelled.

''(11) If, after an application is made by a person under this section to be
treated as an itinerant elector and before the person's name is added to the
Roll and an annotation under sub-section (1) is made in relation to the
person, an event occurs by reason of which, if the name had been so added and
the annotation so made, the person would cease to be entitled to be treated as
an itinerant elector under this section, whether immediately or otherwise,
then-

   (a)  where the name was not added to the Roll, and the annotation was not
        made, before the Australian Electoral Officer to whom the application
        was made became aware of the happening of the event-the Australian
        Electoral Officer shall not cause the name to be added to the Roll
        under this section or cause the annotation to be made; or

   (b)  where the name is added to the Roll and the annotation is made-the
        person ceases to be entitled to be treated as an itinerant elector
        immediately after the name is added and the annotation is made.

''(12) For the purposes of this section, a person shall be taken to reside at
a place if, and only if, he has his real place of living, within the meaning
of sub-section 39 (4), at that place. Application of Part

''39D. (1) This Part applies in relation to a Territory as if-

   (a)  references in the preceding sections of this Part to a State were
        references to a Territory; and

   (b)  references in the preceding sections of this Part to an Australian
        Electoral Officer for a State were references to the Electoral
        Commissioner.

''(2) This Part applies in relation to a Subdivision in relation to which an
Assistant Divisional Returning Officer is appointed as if references in the
preceding sections of this Part, in relation to a Subdivision, to a Divisional
Returning Officer were references to an Assistant Divisional Returning
Officer.''.