Commonwealth Numbered Acts

Commonwealth Electoral Legislation Amendment Act 1983 No. 144 of 1983 - SECT 29

29. Sections 43, 44 and 45 of the Principal Act are repealed and the following
section is substituted: Registrations of claims

''43. (1) Subject to sub-section (4), where, pursuant to section 42, a
Divisional Returning Officer for a Division receives a claim for enrolment or
transfer of enrolment for that Division, the Divisional Returning Officer
shall-

   (a)  note on the claim the date of its receipt by him;

   (b)  if the claim is in order and he is satisfied that the claimant is
        entitled to be enrolled for a Subdivision of that Division, forthwith-

        (i)    enter on the Roll for the Subdivision the name of the claimant
               and particulars relating to him;

        (ii)   notify the claimant in writing that he has been enrolled for
               that Subdivision;

        (iii)  in the case of a claim for transfer of an enrolment from the
               Roll for another Subdivision in that Division-delete the name
               of the claimant from the Roll for the last-mentioned
               Subdivision;

        (iv)   in the case of a claim for transfer of enrolment from a
               Subdivision not included in that Division-give notice of the
               transfer to the Divisional Returning Officer for the Division
               that includes the last-mentioned Subdivision; and

        (v)    in a case where the name of the claimant is entered on the Roll
               for the Subdivision for which he is entitled to be
               enrolled-notify the claimant in writing that, in his opinion,
               the claimant's existing enrolment is correct; and

   (c)  if the claim is not in order or he is not satisfied that the claimant
        is entitled to be enrolled in a Subdivision of that Division-forthwith
        notify the claimant in writing that his claim has been rejected.

''(2) Where a Divisional Returning Officer for a Division receives notice,
pursuant to sub-paragraph (1) (b) (iv), of the transfer of a person's
enrolment from a Subdivision in that Division, the Divisional Returning
Officer shall delete the name of, and particulars relating to, the person from
the Roll for the Subdivision.

''(3) Notice of a decision given to a claimant by a Divisional Returning
Officer under sub-paragraph (1) (b) (v) or paragraph (1) (c) shall include-

   (a)  a statement of the reasons for the decision; and

   (b)  a statement setting out the rights of the claimant to have the
        decision reviewed under Part IX.

''(4) A claim under section 42 by a person to have his name placed on the Roll
for a Subdivision received during the period commencing at 6 o'clock in the
afternoon of the day on which the Rolls for an election to be held in the
Subdivision close and ending on the close of polling at the election shall not
be considered until after the expiration of that period.

''(5) A name may, at any time, be removed from a Roll pursuant to a notice of
transfer of enrolment.''.