(1) A person who
considers that he or she is eligible under section 4.30(1)(a) and (b) may make
an enrolment eligibility claim in respect of the district or ward.
(2) The claim must
—
(a) be
made to the CEO in accordance with regulations; and
(b)
without limiting paragraph (a), include, or be accompanied by, the following
—
(i)
any statutory declaration required under regulations;
(ii)
any other prescribed information, document or item.
(3) A claim for
enrolment as an occupier cannot be accepted unless —
(a) the
claimant has had a right of occupation as referred to in section 4.31(1C) for
the whole period of 12 months ending on the day before the day on which the
claim is made; and
(b) if
so prescribed (but without limiting paragraph (e)) — the claimant has
paid rent in respect of the right of occupation referred to in paragraph (a)
of at least the prescribed amount; and
(c) the
claimant has a right of occupation as referred to in section 4.31(1C) for the
whole period of 3 months beginning on the day on which the claim is made; and
(d) if
so prescribed (but without limiting paragraph (e)) — the claimant is
liable to pay rent in respect of the right of occupation referred to in
paragraph (c) of at least the prescribed amount; and
(e) any
prescribed requirements are met.
(3A) The right of
occupation referred to in subsection (3)(a) —
(a) must
be for —
(i)
the rateable property to which the claim relates; or
(ii)
another rateable property which is situated (wholly or
partly) in the district;
and
(b) for
different parts of the 12-month period, may be for different rateable
properties.
(3B) The right of
occupation referred to in subsection (3)(c) must be for the rateable property
to which the claim relates.
(3C) The requirements
that may be prescribed for the purposes of subsection (3)(e) include (without
limitation) the following —
(a)
requirements relating to whether any person is or was enrolled, or is or was
regarded under section 4.29(2) as being enrolled, as an elector for the
Legislative Assembly in respect of a residence that is a relevant rateable
property;
(b)
other requirements relating to the current, past or future ownership,
occupation or use of a relevant rateable property.
(3D) In subsection
(3C) —
relevant rateable property means —
(a) the
rateable property to which the claim relates; or
(b)
another rateable property that is relevant to the claim under subsection (3A).
(3E) In subsections
(3A) to (3D) —
(a)
subject to paragraph (b), references to a rateable property include a portion
of a rateable property as described in section 4.31(1D)(a) or (b); and
(b) if
the claim relates to a portion of a rateable property as described in
section 4.31(1D)(a) or (b) — references to the rateable property to
which the claim relates are to that portion.
(4) Except as provided
for in subsection (5A), within 14 days after receiving an enrolment
eligibility claim, the CEO must —
(a)
decide —
(i)
whether the claimant is eligible under section 4.30(1)(a)
and (b); and
(ii)
if applicable — whether the requirements under
subsection (3)(a) to (e) are met;
and
(b)
accept or reject the claim accordingly.
(5A) If a claim is
made before the close of enrolments as defined in section 4.39(1), but less
than 14 days before the close of nominations as defined in section 4.49(a),
the CEO is to decide whether to accept or reject the claim before the close of
nominations.
(5) The CEO can make
any inquiries needed in order to make a decision.
(6) The CEO is to
record the decision in a register kept for that purpose in accordance with
regulations and is to give written notice of the decision to the claimant
without delay.
(7) If the claim is
rejected the notice has to set out the CEO’s reasons for the decision.
(7A) Regulations may
make provision in relation to how the CEO’s reasons are to be set out.
(8) A person who is
dissatisfied with the CEO’s decision may appeal to the Electoral
Commissioner in accordance with regulations and the Electoral Commissioner can
confirm or reverse the decision.
(8A) Regulations may
make provision in relation to the conduct of an appeal, including (without
limitation) provision restricting, or authorising the Electoral Commissioner
to restrict, the information, documents or items upon which an appellant can
rely.
(9) On receipt of
advice of the Electoral Commissioner’s decision on an appeal, the CEO is
to take any action that is necessary to give effect to that decision.
[Section 4.32 amended: No. 64 of 1998 s. 20; No.
49 of 2004 s. 33; No. 17 of 2009 s. 14; No. 16 of 2019 s. 12; No. 11 of 2023
s. 30.]