South Australian Current Acts South Australian Current Acts (1) A person may apply
for enrolment under this section if the person—
(a) is
in South Australia and has lived in South Australia for a continuous period of
1 month prior to the date of the application for enrolment; and
(b)
qualifies for enrolment under section 29(1)(a)(i), (ii) and (iv) but
does not qualify for enrolment under section 29(1)(a)(iii) because he or
she does not have a fixed place of residence (whether within the State or
elsewhere).
(2) An application
under this section—
(a) must
be made to the Electoral Commissioner in a form approved by the
Electoral Commissioner; and
(b) must
be signed.
(3) If the Electoral
Commissioner is satisfied that a person has made a valid application in
accordance with subsections (1) and (2)—
(a) the
person is entitled to be enrolled as an elector under this Act despite the
provisions of Division 1; and
(b) a
further claim for enrolment need not be made under Division 3; and
(c)
the Electoral Commissioner will cause the name of the person to be entered on
the roll—
(i)
for the subdivision for which the person last had an
entitlement to be enrolled; or
(ii)
if the person has never had such an entitlement, for a
subdivision for which any of the person's next of kin is enrolled; or
(iii)
if neither subparagraph (i) nor
subparagraph (ii) applies, for the subdivision in which the person was
born; or
(iv)
if none of subparagraphs (i), (ii) and (iii)
applies, the subdivision with which the person has the closest connection.
(4)
The Electoral Commissioner may, in connection with the operation of
subsection (3), include on the roll an address in the subdivision that is
to be taken to be the person's principal place of residence for the purposes
of this Act and any other Act or law relating to enrolment under this Act.
(5) The Electoral
Commissioner will also annotate the roll so as to indicate that the person is
enrolled under this section.
(6) While a person is
the subject of an annotation under subsection (5), the person is entitled
(despite any other provision of this Act)—
(a) to
have his or her name retained on the roll for the relevant subdivision; and
(b) to
vote as an elector for that subdivision.
(7) Despite a
preceding subsection, the Electoral Commissioner will not deal with an
application under this section received between the time on which rolls for an
election in the relevant district close and polling day for that election.
(8) If an application
under this section is rejected, the Electoral Commissioner must take
reasonable steps to notify the applicant in writing—
(a) of
the rejection of the application; and
(b) of
the reason for its rejection; and
(c) of
the applicant's rights under this Act to seek a review of the decision.
(9) If a person who is
enrolled under this section—
(a)
qualifies for enrolment with respect to a place of residence under
section 29(1)(a)(iii); or
(b)
forms the intention to leave South Australia and to remain outside the State
for a continuous period of at least 1 month,
the person must, as soon as practicable, give notice to the Electoral
Commissioner in a form approved by the Electoral Commissioner.
(10) A person ceases
to be entitled to be enrolled under this section if—
(a) the
person gives notice under subsection (9); or
(b) the
person fails to vote at a general election while enrolled under this section;
or
(c)
the Electoral Commissioner becomes aware that the person—
(i)
has qualified for enrolment with respect to a place of
residence under section 29(1)(a)(iii); or
(ii)
has ceased to be entitled to be enrolled under this Act
(otherwise than with respect to the operation of section 29(1)(a)(iii));
or
(iii)
has remained outside the State for a continuous period of
at least 1 month.
(11) If a person
ceases to be entitled to be enrolled under this section,
the Electoral Commissioner will remove the person's name, and the relevant
annotation, from the roll (but may then, if relevant, re-enter the name in
accordance with any entitlement that exists apart from this section).
(12) A person who
falls within the ambit of subsection (10) may make a new application
under this section if or when he or she again qualifies under the terms of
subsection (1).