(1) A person may apply
to the Electoral Commissioner to be a silent elector if the person —
(a) is
an elector or is claiming enrolment; and
(b)
considers that having the person’s electoral address shown on a roll or
a register extract places, or would place, the personal safety of that person,
or members of the family of that person, at risk (the relevant risk ).
(2) An application
under subsection (1) must —
(a) be
in the approved form; and
(b)
state the particulars of the relevant risk; and
(c) be
verified by statutory declaration either by the person making the application
or another person.
(3) If the Electoral
Commissioner is satisfied of the relevant risk, the Electoral Commissioner
must —
(a)
grant the application; and
(b) give
the person a written notice stating the decision; and
(c)
indicate in the register of electors the person’s status as a silent
elector.
(4) If the Electoral
Commissioner is not satisfied of the relevant risk, the Electoral Commissioner
must —
(a)
refuse the application; and
(b) give
the person a written notice stating —
(i)
the decision; and
(ii)
the reasons for the decision.
Notes for this section:
1. Under
section 62A(2)(b)(ii), a register extract must not include a silent
elector’s electoral address.
2. Under
sections 76AA(5) and 76AC(3)(d), rolls prepared under those sections must not
include a silent elector’s electoral address.
[Section 51B inserted: No. 30 of 2023 s. 43.]