Commonwealth Numbered Acts

Commonwealth Electoral Legislation Amendment Act 1983 No. 144 of 1983 - SECT 35

35. After section 51 of the Principal Act the following sections are inserted
in Part VII: Computer records relating to Roll

''51A. (1) Where, but for this sub-section, a Divisional Returning Officer is
required or permitted under this Act or the regulations to record particulars
(including make an annotation) in a written form on a Roll, he may do so by
recording or storing those particulars, or causing those particulars to be
recorded or stored, on a mechanical, electrical or other device approved by
the Commission.

''(2) Where a Divisional Returning Officer is required or permitted under this
Act or the regulations to vary or remove particulars which, but for this
section, would be on a Roll but which have been recorded or stored in
accordance with this section, he shall do so by varying or removing the
particulars so recorded or stored, or causing the particulars so recorded or
stored to be varied or removed, as the case may be.

''(3) Without limiting section 37, where particulars are recorded or stored by
virtue of this section, the Divisional Returning Officer responsible for the
Roll on which, but for this section, those particulars would be recorded shall
ensure that means are provided by which those particulars are available,
without fee, for public inspection in a written form at his office at all
convenient times during his ordinary office hours.

''(4) Where a Divisional Returning Officer who is required under this Act or
the regulations to enter particulars on, vary particulars on, or remove
particulars from, a Roll complies with the requirement by taking action in
accordance with this section, he shall, for the purposes of this Act,
including any provisions imposing obligations on him, be taken to have entered
those particulars on the Roll, varied those particulars or removed those
particulars, as the case may be.

''(5) Section 48 does not apply to alterations of a Roll made in pursuance of
this section. Application of Part

''51B. (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.''.