Commonwealth Numbered Acts

Commonwealth Electoral Legislation Amendment Act 1983 No. 144 of 1983 - SECT 30

30. After section 46 of the Principal Act the following section is inserted:
Request for address not to be shown on Roll

''46A. (1) Where a person considers that having his address shown on the Roll
for the Subdivision for which he is claiming enrolment would place the
personal safety of himself or of members of his family at risk, he may lodge
with the claim for enrolment or transfer of enrolment a request, in the
approved form, that his address not be entered on the Roll for the Subdivision
for which he is claiming enrolment.

''(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 address so shown places the
        personal safety of himself or of members of his family at risk,
he may lodge with the Divisional Returning Officer keeping the Roll for the
Subdivision a request, in the approved form, that his address be deleted from
the particulars relating to him that are entered on that Roll.

''(3) A request under sub-section (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 sub-section (1) or (2); and

   (b)  the Divisional Returning Officer for the Division that includes the
        Subdivision on the Roll for which the person making the request is to
        be or has been enrolled, as the case may be, 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,
the Divisional Returning Officer-

   (c)  in a case where the request was lodged under sub-section (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 sub-section (2)-shall
        delete the address of the person from the particulars relating to the
        person that are entered on the Roll for the Subdivision.

''(5) Where a Divisional Returning Officer grants or refuses a request made by
a person under sub-section (1) or (2), the Divisional Returning Officer shall
notify the person in writing of the decision.

''(6) Notwithstanding anything contained in section 48, where an address is
deleted from a Roll in pursuance of sub-section (4), the address so deleted
shall be obliterated.

''(7) A Divisional Returning Officer for a Division shall, when directed to do
so by the Electoral Commission, conduct a review of the Roll for a Subdivision
of that Division in relation to electors whose addresses are not shown on the
Roll by virtue of this section and, upon completion of the review, shall make
such alterations to the Roll as he thinks necessary to ensure that the only
electors whose addresses are not shown on the Roll by virtue of this section
are electors the personal safety of whom or of whose family, the Divisional
Returning Officer is satisfied, would be at risk if their address were shown
on the Roll.''.