(1) Subject to the
provisions of this Act, any person —
(a) who
is —
(i)
an Australian citizen; or
(ii)
a person (other than an Australian citizen) who would, if
the relevant citizenship law had continued in force, be a British subject
within the meaning of that relevant citizenship law and who was at some time
within 3 months, immediately preceding 26 January 1984, an elector of the
Assembly or an elector, under a Commonwealth Act, of the Commonwealth
Parliament;
and
(b) who
has attained 18 years of age; and
(c) who
has lived in the same district for at least 1 month immediately before the
enrolment,
is entitled —
(d) to
be enrolled; and
(e) when
so enrolled and while continuing to live in that district, to vote in —
(i)
any Council election; and
(ii)
any election in the district.
(2) Subsection (3)
applies to a person if —
(a) the
person fulfils the requirements of subsection (1)(a) and (b); and
(b) the
person has lived in a district (the relevant district ) for a period of at
least 1 month ending immediately before the day (the relevant day ) on which
the person intends to vote in an election in the relevant district or a
Council election (the election ); and
(c) on
the relevant day —
(i)
the person is not enrolled, or is not enrolled for the
relevant district; and
(ii)
the person presents at a place to vote.
(3) Subject to
sections 145(7) and 172(1)(c), the person is —
(a)
entitled to be enrolled for the relevant district; and
(b) if
the person makes a claim for enrolment, or a claim for enrolment or transfer
of enrolment under the Commonwealth Electoral Act 1918 to be enrolled on a
Commonwealth roll for this State, entitled to vote in the election on the
relevant day as a provisional voter under section 97G; and
(c) once
the person is enrolled for the relevant district and while continuing to live
in that district, entitled to vote in —
(i)
a Council election; and
(ii)
an election in the district.
(4) A member of the
Assembly and the member’s spouse may claim to be enrolled for the
district that the member represents.
[(4a)-(5) deleted]
[Section 17 inserted: No. 33 of 1964 s. 6;
amended: No. 33 of 1967 s. 3; No. 94 of 1970 s. 3; No. 39 of 1979 s. 6; No. 9
of 1983 s. 4 and 30; No. 104 of 1985 s. 4; No. 40 of 1987 s. 26 and 84; No. 79
of 1987 s. 3; No. 36 of 2000 s. 32(1); No. 64 of 2006 s. 16; No. 7 of 2009
s. 5; No. 14 of 2016 s. 6; No. 20 of 2021 s. 24; No. 30 of 2023 s. 15.]