New South Wales Consolidated Acts

ELECTORAL ACT 2017 - SECT 5

5 Determination of a person's residence

(1) In determining the
"residence" of a person for the purposes of this Act, the Electoral Commissioner may have regard to the purpose and other circumstances, as well as to the fact, of the person's presence at, or absence from, the place concerned.

(2) Without limiting subsection (1), if at a particular time a person is staying at any place otherwise than on a permanent basis, the person may be taken to be at that time--

(a) residing at the place if the person has no residence elsewhere, or

(b) not residing at the place if the person does have a residence elsewhere.

(3) A person's residence includes the place to which a person, when temporarily residing elsewhere, has a fixed intention of returning for the purpose of continuing to reside at that place.