(1) A person is
entitled to be enrolled on the roll for a subdivision if—
(i)
has attained the age of 18 years; and
(A) is an Australian citizen; or
(B) is a person who by virtue of his or her
status as a British subject was, at some time within the period of
3 months commencing on 26 October 1983, enrolled under the
repealed Act as an Assembly elector or enrolled on an electoral roll
maintained under a law of the Commonwealth or a Territory of the Commonwealth;
and
(iii)
has his or her principal place of residence in the
subdivision and has lived at that place of residence for a continuous period
of at least 1 month immediately preceding the date of the claim for
enrolment; and
(iv)
is not of unsound mind; or
(b) the
person is properly enrolled on the Commonwealth roll, other than under
section 100 of the Commonwealth Act, in respect of an address in the
subdivision.
(2) A person is
entitled to provisional enrolment on the roll for a subdivision if—
(a) the
person—
(i)
has attained the age of 16 years; and
(ii)
would, if he or she had attained the age of
18 years, be entitled to be enrolled on the roll for that subdivision
under subsection (1); or
(b) the
person is properly enrolled on the Commonwealth roll under section 100 of
the Commonwealth Act in respect of an address in the subdivision.
(3) No person is
entitled to be at the same time enrolled for more than one subdivision.
(4) Where a person is
imprisoned within the State, it will be presumed, for the purposes of this
Act, that the prisoner's principal place of residence is—
(a) the
place that constituted the prisoner's principal place of residence immediately
before the commencement of the imprisonment; or
(i)
the prisoner, or a parent, spouse, domestic partner or
child of the prisoner who was residing with the prisoner immediately before
the commencement of the imprisonment, acquires during the term of imprisonment
some other place of residence in lieu of the place referred to in
paragraph (a);
(ii)
the prisoner intends to reside at that new place of
residence on release from prison;
(iii)
the prisoner elects to be enrolled in respect of that
place,
that place; or
(c)
if—
(i)
there is no place of residence in the State in respect of
which the prisoner may be enrolled under paragraph (a) or (b); and
(ii)
the prisoner has been sentenced to imprisonment for 2
years or more—
the place at which the prisoner is imprisoned.
(5) A prisoner will,
for the purposes of the provisions of this Act relating to enrolment, and
entitlement to vote, be taken to reside at the place that constitutes the
prisoner's principal place of residence under subsection (4).
(6) In this
section—
"domestic partner" means a person who is a domestic partner within the meaning
of the Family Relationships Act 1975 , whether declared as such under
that Act or not;
"spouse"—a person is the spouse of another if they are legally married.