(a) a member or special member of the Australian Federal Police, within the meaning of the Australian Federal Police Act 1979; or

a special protective service officer, within the meaning of that Act; or

an AFP employee, within the meaning of that Act; or

a person assisting the Australian Federal Police in the performance of its functions under an agreement under section 69D of that Act.

answers: a person answers a mandatory question in the qualification checklist if the person marks one (and only one) box that is:

directly under the question; and

adjacent to the word “Yes” or “No”, or (if applicable) “Unknown” or “N/A”.

means the and includes:

the and ; and

.

Antarctic elector means an elector who is, in the course of the elector’s employment: in Antarctica; or (b) on a ship at sea in transit to or from Antarctica.

in Antarctica; or

(b) on a ship at sea in transit to or from Antarctica.

approved form means:

a form that:

is approved by the Electoral Commissioner in writing; and

has been published by the Electoral Commissioner; or

a manner, approved by the Electoral Commissioner in writing, for giving a notice (however described).

approved list of voters for a Division means a list in electronic form that: contains the same information as the certified list of voters for the Division most recently prepared before the preparation of the list in electronic form; and is approved by the Electoral Commissioner for use in connection with voting under this Act. includes: ; and the (Keeling) ; and the . includes (except in Part III) Norfolk Island and the .

contains the same information as the certified list of voters for the Division most recently prepared before the preparation of the list in electronic form; and

is approved by the Electoral Commissioner for use in connection with voting under this Act.

includes:

; and

the (Keeling) ; and

the .

includes (except in Part III) Norfolk Island and the .

Australian passport means a passport issued under the Australian Passports Act 2005.

below the line: a square is printed below the line on a ballot paper if the square is printed on the ballot paper in accordance with subparagraph 210(1)(f)(i).

bulk nomination has the meaning given by subsection 167(3).

capital city office of the Electoral Commission has the meaning given by subsection 90A(3).

carriage service provider has the meaning given by section 87 of the Telecommunications Act 1997.

Census means a Census of the population taken under section 8 of the Census and Statistics Act 1905.

certified list of voters, in respect of a Division, means a list prepared and certified under subsection 208(1).

child of a person includes:

an ex-nuptial child of the person; and

a child adopted by the person; and

(c) a child of the person within the meaning of the Family Law Act 1975.

civil penalty order has the meaning given by subsection 82(4) of the Regulatory Powers Act.

civil penalty provision has the meaning given by the Regulatory Powers Act.

compartment means:

in relation to a polling booth—a compartment constructed in the polling booth pursuant to section 206; and

in relation to a place at which pre-poll ordinary voting is available—a compartment constructed in the place pursuant to section 200DE.

Controller-General of Prisons:

of a State, the Australian Capital Territory (not including a non-self-governing Territory) or the Northern Territory (not including a non-self-governing Territory)—means the principal officer (however described) having control of the prisons and gaols of the State or Territory; and

of a non-self-governing Territory—means the principal officer (however described) having control of the prisons and gaols of the non-self-governing Territory.

courier service means a service that provides for the collection, at the request of a person using the service, of an article from a place specified by or on behalf of that person and the delivery of the article to another place so specified, being a service approved by an Australian Electoral Officer or by the Electoral Commissioner.

declaration time has the meaning given by subsection 175(2).

declaration vote means:

a postal vote;

a pre-poll declaration vote;

an absent vote; or

a provisional vote.

de facto partner of a person has the meaning given by the Acts Interpretation Act 1901.

defence civilian has the same meaning as in the Defence Force Discipline Act 1982.

defence member has the same meaning as in the Defence Force Discipline Act 1982.

Deputy Electoral Commissioner means the Deputy Electoral Commissioner referred to in section 19.

designated elector: see subsection 202AH(1).

dividing line means the line on a ballot paper that separates the voting method described in subsection 239(1) from the voting method described in subsection 239(2).

Division means an Electoral Division for the election of a member of the House of Representatives.

DRO means Divisional Returning Officer.

election and ballot matters means matters relating to Parliamentary elections, elections, ballots under the Fair Work Act 2009 or the Fair Work (Registered Organisations) Act 2009, and referendums.

Elector means any person whose name appears on a Roll as an elector.

Electoral Commission means the Australian Electoral Commission established by section 6.

Electoral Commissioner means the Electoral Commissioner referred to in section 18.

electoral matter has the meaning given by section 4AA.

Eligible overseas elector means an elector who is entitled under section 94 or 95 to be treated as an eligible overseas elector.

Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.

Foreign Affairs Minister means the Minister administering the Diplomatic Privileges and Immunities Act 1967.

foreign campaigner means a person or entity referred to in a paragraph of section 287AA.

General election means a general election of the members of the House of Representatives.

Hospital includes a convalescent home or an institution similar to a hospital or to a convalescent home.

House of Representatives election means an election of a member of the House of Representatives.

how-to-vote card means a card, handbill or pamphlet: that: is, or includes, a representation of a ballot paper or part of a ballot paper for an election (or something apparently intended to represent a ballot paper or part of a ballot paper for an election); and is apparently intended to affect, or is likely to affect, how votes are cast for any or all of the candidates in the election; or that lists the names of 2 or more of the candidates or registered political parties in an election, with a number indicating the order of voting preference in conjunction with the names of 2 or more of the candidates or parties; or that otherwise directs or encourages the casting of votes in an election in a particular way, other than a card, handbill or pamphlet: that only relates to first preference votes; or that only relates to last preference votes.

that:

is, or includes, a representation of a ballot paper or part of a ballot paper for an election (or something apparently intended to represent a ballot paper or part of a ballot paper for an election); and

is apparently intended to affect, or is likely to affect, how votes are cast for any or all of the candidates in the election; or

that lists the names of 2 or more of the candidates or registered political parties in an election, with a number indicating the order of voting preference in conjunction with the names of 2 or more of the candidates or parties; or

that otherwise directs or encourages the casting of votes in an election in a particular way, other than a card, handbill or pamphlet:

that only relates to first preference votes; or

that only relates to last preference votes.

Immigration Department means the Department administered by the Minister who administers the Migration Act 1958.

Issuing point means a place within the polling booth at which ballot papers are issued to persons voting at the booth.

Itinerant elector means an elector who is entitled under section 96 to be treated as an itinerant elector.

Justice of the Peace means a Justice of the Peace of the Commonwealth, or part of the Commonwealth, or of a State, or part of a State.

listed carriage service has the meaning given by section 16 of the Telecommunications Act 1997.

mandatory question in the qualification checklist means a question to which the answer is “Yes” or “No”, or (if applicable) “Unknown” or “N/A”.

next of kin has a meaning affected by subsection (11).

non-self-governing Territory means Norfolk Island, the Jervis Bay Territory, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands.

includes (except in Part III) the (Keeling) and the .

nursing home means an institution (other than a hospital) in which infirm, ill or disabled persons needing continuing nursing care are provided with accommodation and nursing care.

officer includes the Electoral Commissioner, the Deputy Electoral Commissioner, the Australian Electoral Officer for a State or Territory, a Divisional Returning Officer, an Assistant Returning Officer, an Assistant Divisional Returning Officer, a presiding officer, a deputy presiding officer, a substitute presiding officer, an assistant presiding officer, a pre-poll voting officer, a mobile polling team leader and a mobile polling team member, and any other member of the staff of the Electoral Commission who is a delegate of the Electoral Commissioner under section 28.

Organization includes:

a body corporate;

an association or other body of persons;

an association that consists of 2 or more organizations within the meaning of the preceding paragraphs; and

a part of an organization within the meaning of a preceding paragraph.

Part, in relation to an organization, includes:

a branch or division of the organization; and

a part of a part of the organization.

police officer means a member of the Australian Federal Police or of the police force of a State or Territory.

political entity means any of the following: a registered political party; a State branch (within the meaning of Part XX) of a registered political party; a candidate (within the meaning of Part XX) in an election (including a by-election).

a registered political party;

a State branch (within the meaning of Part XX) of a registered political party;

a candidate (within the meaning of Part XX) in an election (including a by-election).

Political party means an organization the object or activity, or one of the objects or activities, of which is the promotion of the election to the Senate or to the House of Representatives of a candidate or candidates endorsed by it.

Polling booth means a building, structure, vehicle or enclosure, or a part of a building, structure, vehicle or enclosure, provided at a polling place, in pursuance of paragraph 203(1)(a), for the purpose of taking votes during polling.

polling official means a deputy presiding officer or an assistant presiding officer.

Polling place means a place appointed as a polling place in pursuance of section 80.

pre-poll declaration vote: see subsection 200AA(2).

pre-poll ordinary vote: see subsection 200AA(2).

pre-poll voting office for an election means a place declared by the Electoral Commissioner under subsection 200BA(1) to be a pre-poll voting office for the election.

pre-poll voting officer means:

an Assistant Divisional Returning Officer; or

an officer appointed under section 200B.

prescribed authority means:

(a) the Agency Head of an Agency (within the meaning of the Public Service Act 1999) that is specified in regulations made for the purposes of this definition; or

the chief executive officer of an authority of the Commonwealth that is specified in regulations made for the purposes of this definition.

provisionally enrolled has the meaning given by subsection (1B).

provisional vote means a vote cast under section 235.

qualification checklist means the checklist in Form DB of Schedule 1.

real place of living includes the place of living to which a person, when temporarily living elsewhere, has a fixed intention of returning for the purpose of continuing to live at that place.

Registered medical practitioner means a person registered or licensed as a medical practitioner under the law of a State or Territory, being a law that provides for the registration or licensing of medical practitioners.

Registered political party means a political party that is registered under Part XI.

Register of Political Parties means the Register of Political Parties established under section 125.

Registrar-General:

of a State, the Australian Capital Territory (not including a non-self-governing Territory) or the Northern Territory (not including a non-self-governing Territory)—means the principal officer (however described) who is charged with the duty of registering births, deaths and marriages occurring in the State or Territory; and

(b) of a non-self-governing Territory—means the principal officer (however described) who is charged with the duty of registering births, deaths and marriages occurring in the non-self-governing Territory.

Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.

Returning Officer includes Divisional Returning Officer, Assistant Returning Officer and Assistant Divisional Returning Officer.

Roll means an Electoral Roll under this Act.

Senate election means an election of Senators for a State or Territory.

sentence of imprisonment has the meaning given subsection (1A).

Subdivision means a subdivision of a Division.

substitute presiding officer means a person holding an appointment under section 204.

Territory means (except in Part III) the or the .

video recording includes a video recording that is recorded on means other than a videotape.

the person is in detention on a full-time basis for an offence against a law of the Commonwealth or a State or Territory; and

that detention is attributable to the sentence of imprisonment concerned.

a reference to a Division shall be read as including a reference to a Territory to which section 55A does not apply; and

a reference to a Subdivision shall be read as including a reference to a District of that Territory specified in a notice published under subsection 79(1).

; and

the (Keeling) ; and

the .

provides for the giving of a document to; or

confers a power or function on;

the Australian Electoral Officer shall be taken to refer to the Australian Electoral Officer for the State or Territory in which the election is to be conducted.

provides for the giving of a document to; or

confers a power or function on;

the Divisional Returning Officer shall be taken to refer to the Divisional Returning Officer for that Division.

a de facto partner of the person;

(b) a child of the person, or someone of whom the person is a child, because of the definition of child in this section;

anyone else who would be a relative of the person because someone mentioned in paragraph (a) or (b) is taken into account.

a reference to a postal vote certificate printed on an envelope is taken to include a reference to a postal vote certificate that is placed inside an envelope; and

a reference to an envelope on which a postal vote certificate is printed is taken to include a reference to an envelope that has a postal vote certificate placed inside.

a political entity, to the extent that the matter relates to a federal election; or

a member of the House of Representatives or a Senator.

a political entity, to the extent that the matter relates to a federal election; or

a member of the House of Representatives or a Senator, to the extent that the matter relates to a federal election;

is presumed to be the purpose referred to in subsection (1), unless the contrary is proved.

Matters to be taken into account

whether the communication or intended communication is or would be to the public or a section of the public;

whether the communication or intended communication is or would be by a political entity or significant third party (within the meaning of Part XX);

whether the matter contains an express or implicit comment on a political entity, a member of the House of Representatives or a Senator;

whether the communication or intended communication is or would be received by electors near a polling place;

how soon a federal election is to be held after the creation or communication of the matter;

whether the communication or intended communication is or would be unsolicited.

Exceptions

forms or would form part of the reporting of news, the presenting of current affairs or any genuine editorial content in news media; or

is or would be by a person for a dominant purpose that is a satirical, academic, educative or artistic purpose, taking into account any relevant consideration including the dominant purpose of any other communication of matter by the person; or

is or would be a private communication by a person to another person who is known to the first person; or

(d) is or would be by or to a person who is a Commonwealth public official (within the meaning of the Criminal Code) in that person’s capacity as such an official; or

is or would be a private communication to a political entity (who is not a Commonwealth public official) in relation to public policy or public administration; or

occurs or would occur in the House of Representatives or the Senate, or is or would be to a parliamentary committee.

must be in writing, signed by the registered officer and lodged with the Commission; and

must specify the name and address of the person nominated and bear the signature of that person; and

must include a signed declaration by the person nominated that subsection 126(2B) is not contravened by lodging the nomination of the person as the deputy registered officer; and

may be revoked at any time by the registered officer by written notice lodged with the Commission.

subject to paragraph (b), the number ascertained by dividing the number of electors enrolled in the State or Territory by the number of Divisions into which the State or Territory is for the time being distributed; or

in a case where the number ascertained in accordance with paragraph (a) includes a fraction—the number so ascertained:

if the fraction is less than one-half—reduced to the nearest whole number; or

if the fraction is one-half or more—increased to the nearest whole number.

redistribution quota has the meaning given by section 65.

whose name has been placed on a Roll in pursuance of a claim made under section 100; and

who has not attained 18 years of age;

shall be taken, for the purposes of this Part, not to be an elector.

the whole of Norfolk Island is included in one Electoral Division; and

if there is more than one Electoral Division—Norfolk Island and the Jervis Bay Territory are included in different Electoral Divisions.

ascertain, in respect of each State, as at the close of a day in the month, the number of electors enrolled in each Division;

determine, in respect of each State, as at the close of that day in the month:

the average divisional enrolment; and

the extent to which the number of electors enrolled in each Division differs from the average divisional enrolment; and

(c) cause a statement setting out the matters so ascertained and determined to be published forthwith in the Gazette.

forthwith after the making of a determination under subsection 48(1) that results in an alteration of the number of members of the House of Representatives to be chosen in the State at a general election;

whenever it appears to the Electoral Commission, from statements published under subsection 58(1), that more than one-third of the Divisions in the State are, and have, for a period of more than 2 months, been, malapportioned Divisions; and

if a period of 7 years after the day on which the State was last distributed into Electoral Divisions by a determination under subsection 73(1) expires, within 30 days after the expiration of the period of 7 years;

and not otherwise.

if the State is undergoing redistribution into Divisions; or

within one year before the date of expiry of a House of Representatives by effluxion of time.

a direction under subsection (1) is, but for this subsection, required by subsection (2) (including that subsection as affected by subsection (4)) to be made in relation to a State at any time within 13 months after the day of the first meeting of a House of Representatives;

a determination under subsection 48(1) has not been made after the day of that first meeting; and

the Electoral Commission is of the opinion that the next following determination under subsection 48(1) will or may result in an alteration of the number of members of the House of Representatives to be chosen in the State at a general election;

the Electoral Commission may, by notice published in the Gazette, direct that subsection (2) does not apply in relation to the State until the making of the determination referred to in paragraph (c).

a State is undergoing redistribution into Divisions; and

a direction under subsection (1) is made in relation to the State by virtue of paragraph (2)(a);

the redistribution of the State into Divisions, being the redistribution referred to in paragraph (a) of this subsection, is, by force of this subsection, terminated.

Redistributions of Australian Capital Territory or Northern Territory

forthwith after the making of a determination under subsection 48(1) that results in an alteration of the number of members of the House of Representatives to be chosen in the Territory at a general election; and

whenever it appears to the Electoral Commission, from statements published under subsection 58(1), that a Division in the Territory is, and has, for a period of more than 2 months, been, a malapportioned Division; and

if a period of 7 years after the day on which the Territory was last distributed into Electoral Divisions by a determination under subsection 73(1) expires, within 30 days after the expiration of the period of 7 years;

and not otherwise.

if the Territory is undergoing redistribution into Divisions; or

within one year before the date of expiry of a House of Representatives by effluxion of time.

a direction under subsection (1) is, but for this subsection, required by subsection (7) (including that subsection as affected by subsection (9)) to be made in relation to the Australian Capital Territory or the Northern Territory at any time within 13 months after the day of the first meeting of a House of Representatives; and

a determination under subsection 48(1) has not been made after the day of that first meeting; and

the Electoral Commission is of the opinion that the next following determination under subsection 48(1) will or may result in an alteration of the number of members of the House of Representatives to be chosen in the Territory at a general election;

the Electoral Commission may, by notice published in the Gazette, direct that subsection (7) does not apply in relation to the Territory until the making of the determination referred to in paragraph (c).

the Australian Capital Territory or the Northern Territory is undergoing redistribution into Divisions; and

a direction under subsection (1) is made in relation to the Territory by virtue of paragraph (7)(aa);

the redistribution of the Territory into Divisions, being the redistribution referred to in paragraph (a), is, by force of this subsection, terminated.

Interpretation

a redistribution of the State or Territory into Divisions has commenced by virtue of a direction under subsection (1);

the redistribution of the State or Territory has not been terminated under subsection (6) or (9B), as the case requires; and

the State or Territory has not been distributed into Electoral Divisions as a result of the redistribution so commenced.

the Electoral Commissioner; and

the Australian Electoral Officer for the State; and

either:

the Surveyor-General for the State; or

if there is no office of Surveyor-General for the State—the person nominated by the relevant State Minister as the person holding the office equivalent to the office of Surveyor-General for the State; and

the Auditor-General of the State.

in a case where there is a Deputy Surveyor-General for the State who is available to serve as a member of the Redistribution Committee—a Deputy Surveyor-General for the State who is so available; or

(b) in any other case—a person nominated for the purpose by the Governor-General, being a senior person appointed or engaged under the Public Service Act 1999 from the State;

as a member of the Redistribution Committee in lieu of the Surveyor-General for the State.

the person nominated under subparagraph (2)(c)(ii) is not available to serve as a member of the Redistribution Committee; or

no nomination is in force under that subparagraph;

the Electoral Commission must appoint:

a person who:

is available to serve as a member of the Redistribution Committee; and

has been nominated by the relevant State Minister as a person holding an office equivalent to an office of Deputy Surveyor-General for the State; or

(d) if there is no such person—a senior person appointed or engaged under the Public Service Act 1999 from the State nominated for the purpose by the Governor-General;

as a member of the Redistribution Committee.

in a case where there is a Deputy Auditor-General of the State who is available to serve as a member of the Redistribution Committee—a Deputy Auditor-General of the State who is so available; or

(b) in any other case—a person nominated for the purpose by the Governor-General, being a senior person appointed or engaged under the Public Service Act 1999 from the State;

as a member of the Redistribution Committee in lieu of the Auditor-General of the State.

the Minister of State of that State who has responsibility, or the principal responsibility, for matters relating to land surveying and mapping in that State; or

another Minister of State of that State acting for and on behalf of the Minister referred to in paragraph (a).

the starting time for the projection; and

the time when, in the opinion of the Electoral Commission, the further redistribution will or may be required.

(a) inviting written suggestions relating to the redistribution of the State to be lodged with the Redistribution Committee for the State before 6 pm on the 5th Friday after publication of the notice in the Gazette; and

(b) inviting written comments on suggestions lodged under paragraph (a) to be lodged with the Redistribution Committee for the State before on the 7th Friday after publication of the notice in the Gazette; and

stating that the suggestions and comments may be (but are not required to be) lodged at an office specified in the notice.

if the number so obtained includes a fraction that is less than one-half—reducing that number to the nearest whole number; or

if the number so obtained includes a fraction that is one-half or more—increasing that number to the nearest whole number.

shall, as far as practicable, endeavour to ensure that, if the State were redistributed in accordance with the proposed redistribution, the number of electors enrolled in each Electoral Division in the State would not, at the projection time determined under section 63A, be less than 96.5% or more than 103.5% of the average divisional enrolment of that State at that time; and

subject to paragraph (a), shall give due consideration, in relation to each proposed Electoral Division, to:

community of interests within the proposed Electoral Division, including economic, social and regional interests;

means of communication and travel within the proposed Electoral Division;

the physical features and area of the proposed Electoral Division; and

the boundaries of existing Divisions in the State;

and subject thereto the redistribution quota for the State shall be the basis for the proposed redistribution, and the Redistribution Committee may adopt a margin of allowance, to be used whenever necessary, but in no case shall the redistribution quota be departed from to a greater extent than one-tenth more or one-tenth less.

cause to be published on the Electoral Commission’s website, and in any other way the Redistribution Committee considers appropriate, a map or maps showing the names and boundaries of each proposed Electoral Division in the State; and

cause to be published on the Electoral Commission’s website, and in any other way the Redistribution Committee considers appropriate:

the suggestions and comments lodged under subsection 64(1); and

descriptions (whether by reference to a map or plan or otherwise) of the boundaries of each proposed Electoral Division; and

its reasons for the proposed redistribution; and

if a member of the Redistribution Committee has stated in writing reasons for his or her disagreement with the proposed redistribution—those reasons; and

(c) by notice published in the Gazette on a Friday, invite public attention to the publication of the map or maps referred to in paragraph (a) and the suggestions, comments, descriptions and reasons referred to in paragraph (b); and

cause to be published in:

2 newspapers circulating throughout the State; and

such regional newspapers circulating in the region or regions affected by the proposed redistribution as the Redistribution Committee determines;

a notice in writing inviting public attention to the publication of the comments and suggestions, descriptions and reasons referred to in paragraph (b), together with:

in the case of a notice published in a newspaper referred to in subparagraph (i), a map or maps showing the names and boundaries of each proposed Electoral Division in the State; and

in the case of a notice published in a regional newspaper, a map or maps showing the effects of the proposed redistribution in the region or regions in which that newspaper circulates.

(a) inviting written objections against the proposed redistribution to be lodged with the Electoral Commission before 6 pm on the 4th Friday after publication of the notice in the Gazette under paragraph (1)(c); and

(b) inviting written comments on objections lodged under subsection 69(1) to be lodged with the Electoral Commission before on the 6th Friday after publication of the notice in the Gazette.

the Chairperson of the Electoral Commission;

the member of the Electoral Commission referred to in paragraph 6(2)(c); and

the members of the Redistribution Committee for the State.

the augmented Electoral Commission must reconsider all objections and comments lodged with the Electoral Commission under section 69 in relation to the proposed redistribution, being objections and comments that had previously been considered by the augmented Electoral Commission;

subsection 72(2) has effect as if the reference in that subsection to 60 days after the expiration of the period referred to in section 69 were a reference to 60 days after the expiration of the relevant period.

the Electoral Commissioner shall preside; or

if the Electoral Commissioner is not present at the meeting—the members present shall appoint one of their number to preside.

the matters raised in the objection were raised, or are substantially the same as matters that were raised, in:

suggestions relating to the redistribution lodged with the Redistribution Committee for the State in pursuance of paragraph 64(1)(a); or

comments lodged with the Redistribution Committee in pursuance of paragraph 64(1)(b); or

the objection is frivolous or vexatious.

make a proposed redistribution of the State; and

make a public announcement, in accordance with subsection (12), whether by the issuing of a statement to the media or by some other expeditious means.

the substance of the findings or conclusions of the augmented Electoral Commission concerning the initial objections and concerning the Redistribution Committee proposal;

the augmented Electoral Commission proposal;

a statement whether, in the opinion of the augmented Electoral Commission, its proposal is significantly different from the Redistribution Committee proposal; and

if, in the opinion of the augmented Electoral Commission, its proposal is significantly different from the Redistribution Committee proposal—a statement to the effect that:

any person or organisation may, before the end of the period of 7 days beginning on the day of the announcement, lodge with the Electoral Commission a written further objection; and

subject to subsection (3), the augmented Electoral Commission will hold an inquiry into a further objection.

any person or organisation may, before the end of the period of 7 days beginning on the day of the announcement, lodge with the Electoral Commission a written further objection; and

subject to subsection (3), the augmented Electoral Commission shall hold an inquiry into a further objection; and

the augmented Electoral Commission must complete its inquiry into a further objection as soon as is practicable and, in any event, before the end of the period of 14 days after the end of the period referred to in paragraph (a); and

subsections (3), (4), (5), (6), (7), (8) and (9) apply to an inquiry into a further objection as if the further objection were an initial objection.

shall, as far as practicable, endeavour to ensure that the number of electors enrolled in each Electoral Division in the State will not, at the projection time determined under section 63A, be less than 96.5% or more than 103.5% of the average divisional enrolment of that State at that time; and

subject to paragraph (a), shall give due consideration, in relation to each Electoral Division, to:

community of interests within the Electoral Division, including economic, social and regional interests;

means of communication and travel within the Electoral Division;

the physical features and area of the Electoral Division; and

the boundaries of existing Divisions in the State;

and subject thereto the redistribution quota for the State shall be the basis for the redistribution, and the augmented Electoral Commission may adopt a margin of allowance, to be used whenever necessary, but in no case shall the redistribution quota be departed from to a greater extent than one-tenth more or one-tenth less.

the substance of its findings or conclusions concerning the initial objections and any further objections; and

its determination.

the suggestions relating to the redistribution of the State lodged with the Redistribution Committee for the State in pursuance of paragraph 64(1)(a);

the comments lodged with the Redistribution Committee in pursuance of paragraph 64(1)(b);

the proposed redistribution made by the Redistribution Committee and its reasons for the proposed redistribution;

if a member of the Redistribution Committee has stated in writing the reasons for his or her disagreement with the proposed redistribution—those reasons;

the objections and comments lodged with the Electoral Commission under section 69;

the written record (if any) of the proceedings at any inquiry held under subsection 72(3);

the determination of the augmented Electoral Commission under subsection 73(1) and its reasons for the determination; and

if a member of the augmented Electoral Commission has stated in writing the reasons for his or her disagreement with the determination made by the augmented Electoral Commission—those reasons.

in a case where the present entitlement of the State is greater than the previous entitlement of the State:

prepare a list of all possible pairs of contiguous Divisions in the State;

ascertain the number of electors enrolled in each possible pair of contiguous Divisions;

set aside the pair of contiguous Divisions that has the greatest number of electors enrolled;

if the difference between the present entitlement of the State and the previous entitlement of the State is 2—delete from the list all possible pairs of contiguous Divisions containing a Division included in the pair of contiguous Divisions set aside in pursuance of subparagraph (iii) and set aside the pair of contiguous Divisions remaining on the list that has the greatest number of electors enrolled; and

if the difference between the present entitlement of the State and the previous entitlement of the State is greater than 2—continue successively deleting from the list all possible pairs of contiguous Divisions containing a Division included in a pair of contiguous Divisions set aside in pursuance of subparagraph (iv) or of this subparagraph, and setting aside the pair of contiguous Divisions remaining on the list that has the greatest number of electors enrolled, until the number of pairs of contiguous Divisions set aside in pursuance of this paragraph is equal to the difference between the present entitlement of the State and the previous entitlement of the State; and

in a case where the present entitlement of the State is less than the previous entitlement of the State:

prepare a list of all possible pairs of contiguous Divisions in the State;

ascertain the number of electors enrolled in each possible pair of contiguous Divisions;

set aside the pair of contiguous Divisions that has the smallest number of electors enrolled;

if the difference between the present entitlement of the State and the previous entitlement of the State is 2—delete from the list all possible pairs of contiguous Divisions containing a Division included in the pair of contiguous Divisions set aside in pursuance of subparagraph (iii) and set aside the pair of contiguous Divisions remaining on the list that has the smallest number of electors enrolled; and

if the difference between the present entitlement of the State and the previous entitlement of the State is greater than 2—continue successively deleting from the list all possible pairs of contiguous Divisions containing a Division included in a pair of contiguous Divisions set aside in pursuance of subparagraph (iv) or of this subparagraph, and setting aside the pair of contiguous Divisions remaining on the list that has the smallest number of electors enrolled, until the number of pairs of contiguous Divisions set aside in pursuance of this paragraph is equal to the difference between the present entitlement of the State and the previous entitlement of the State.

the Population Census Collection Districts in the pair of contiguous Divisions, or the parts of such Districts that are within those Divisions, in the pair of contiguous Divisions shall be the basis for the redistribution and shall be allocated amongst the 3 Electoral Divisions without alteration;

each Electoral Division shall, as far as practicable, contain the same number of electors enrolled;

except in so far as discontinuous or separate boundaries are necessary for the purpose of including an island in an Electoral Division, the boundaries of each Electoral Division shall form an unbroken line.

the Electoral Division that contains the greatest number of electors who were enrolled in one of the Divisions included in the pair of contiguous Divisions shall be given the name of that Division;

the Electoral Division that contains the greatest number of electors who were enrolled in the other Division included in the pair of contiguous Divisions shall be given the name of that other Division;

the Electoral Division remaining to be named after the application of paragraphs (a) and (b) shall have a name consisting of the names of each Division included in the pair of contiguous Divisions arranged in alphabetical order and hyphenated.

forward to the Minister a copy of the determination; and

(b) cause a copy of the determination to be published forthwith in the Gazette and in 2 newspapers circulating throughout the State.

except in subsection (2), a reference to the Australian Electoral Officer for a State were a reference to the Electoral Commissioner; and

subsection (2) were omitted and the following subsection substituted:

“(2) For the purposes of the redistribution, the Electoral Commissioner and a member of the staff of the Electoral Commission appointed under subsection 60(7B) are to be the Redistribution Commissioners for the Australian Capital Territory.”.

is final and conclusive;

shall not be challenged, appealed against, reviewed, quashed, set aside or called in question in any court or tribunal on any ground; and

is not subject to mandamus, prohibition, certiorari or injunction, or the making of a declaratory or other order, in any court on any ground.

divide a Division into such Subdivisions (if any) as are specified and set out the boundaries of each Subdivision so specified; and

divide a Territory to which section 55A does not apply into such Districts as are specified and set out the boundaries of each District so specified.

appoint, by name, such polling places for each Division as he or she considers necessary;

declare polling places appointed under paragraph (a) in respect of a Division to be polling places for a specified Subdivision of that Division; and

abolish any polling place.

setting out all polling places in that Division; and

setting out all places that were polling places for that Division at the later of:

the time of the last election for which a poll was taken in that Division; and

(ii) the time of the last referendum (within the meaning of the Referendum (Machinery Provisions) Act 1984);

but that have been abolished since that time.

the names and descriptions of persons who are not entitled to be enrolled thereon as electors of the Commonwealth provided that it is clearly indicated in the prescribed manner that those persons are not enrolled thereon as Commonwealth electors;

distinguishing marks against the names of persons enrolled as Commonwealth electors, to show that those persons are or are not also enrolled as State electors, Australian Capital Territory electors or Northern Territory electors; and

other particulars in addition to the prescribed particulars;

and for the purposes of this Act the names, descriptions, marks, and particulars so contained shall not be deemed part of the Roll.

a Division is divided into Subdivisions;

a new Division or a new Subdivision is created; or

the boundaries of an existing Division or of an existing Subdivision are altered;

new Rolls shall be prepared in respect of each Division or Subdivision created or otherwise affected by reason of the circumstance referred to in paragraph (a), (b) or (c) by making any necessary transfer of electors between Rolls for existing Divisions or Subdivisions or between Rolls for existing Divisions or Subdivisions and Rolls for new Divisions or Subdivisions.

in a case where, in the opinion of the Electoral Commissioner, a reasonably effective notification of that transfer can be given by notice published in a newspaper—the Electoral Commissioner shall cause notice of that transfer to be so published in that newspaper; and

in a case to which paragraph (a) does not apply—the Electoral Commissioner:

must cause a notice of that transfer to be delivered to the address of each elector affected by the transfer; and

may cause a notice of that transfer to be delivered to other addresses.

makes a copy of a Roll available for public inspection in a particular form; or

gives a copy of a Roll to a person or organisation in a particular form;

the copy is to be a copy of the most up-to-date version of the Roll that is available in that form.

a copy of a Roll being made available for public inspection; and

a copy of a Roll or certified list of voters being given to a person or organisation.

the office of each Divisional Returning Officer; and

the office of each Assistant Divisional Returning Officer; and

such other places (if any) as the Electoral Commission determines.

Access at capital city office of the Electoral Commission

the Roll for each State and Territory;

any other Roll specified in a direction given by the Electoral Commissioner for the purpose of this paragraph.

the principal office of the Commission in ; and

such other places (if any) in as the Electoral Commission determines; and

the principal office of the Commission in the capital city of each State; and

the principal office of the Commission in .

Other access

a single electronic copy of the relevant certified list; and

if the Senator or member requests 1 or 2 other copies of the list, that number of other copies of the list.

a single electronic copy of the relevant Roll; and

if the Senator or member requests 1 or 2 other copies of that Roll, that number of other copies of that Roll.

the fact that a particular person has been, is or will be serving outside as:

a defence member or a defence civilian; or

an AFP officer or staff member;

the place where a particular person has been, is or will be serving outside Australia in a capacity referred to in subparagraph (a)(i) or (ii);

the period of time when a particular person has been, is or will be serving outside Australia in a capacity referred to in subparagraph (a)(i) or (ii);

(d) without limiting any of the preceding paragraphs—the postal address of a person who is serving outside Australia in a capacity referred to in subparagraph (a)(i) or (ii);

any other information of a kind specified in the regulations, being information that relates to persons who have been, are or will be serving outside Australia in a capacity referred to in subparagraph (a)(i) or (ii).

item 6 or 16 in the table in subsection (1); or

item 2, 3, 4, 6 or 7 in the table in subsection (4).

Definitions

the person’s postal address;

the person’s sex;

the person’s date of birth;

the person’s salutation;

the census district in which the person lives;

the most recent enrolment date and enrolment transaction number for the person;

whether the person is:

not entitled to be enrolled as an elector of the Commonwealth; or

not also enrolled as a State elector, elector or elector; or

less than 18 years old;

whether the person is a general postal voter;

whether the person has only recently been enrolled;

whether the person has re-enrolled and, if so:

the Division and State or Territory in which they were previously enrolled; and

the enrolment transaction number for the person’s previous enrolment;

the electoral district for the purposes of State or Territory elections in which the person lives;

the local government area in which the person lives;

the Australia Post delivery point identifier for each address of the person.

habitation index, in relation to a Division, means a list of electors for the Division arranged, in a manner determined by the Electoral Commission, by reference to the respective places of living of the electors whose names are on the Roll for the Division.

reporting entity has the same meaning as in the Anti-Money Laundering and Counter-Terrorism Financing Act 2006.

voting information, in relation to an election, means information that:

contains the names and addresses of the electors who voted at the election (other than itinerant electors, eligible overseas electors and electors whose addresses have been excluded from the Roll under section 104); and

indicates whether or not each of those electors voted at a polling place; and

if the elector voted at a polling place for the Division for which the elector was enrolled, indicates the location of the polling place.

any purpose in connection with an election or referendum; and

research regarding election and ballot matters; and

monitoring the accuracy of information contained in a Roll; and

the performance by the Senator or member of his or her functions as a Senator or member in relation to a person or persons enrolled for the Division, State or Territory to which the tape or disk relates.

any purpose in connection with an election or referendum; and

research regarding election and ballot matters; and

monitoring the accuracy of information contained in a Roll; and

the performance by a senator or member of the House of Representatives who is a member of the party of his or her functions as a senator or member in relation to a person or persons enrolled for the Division, State or Territory to which the tape or disk relates.

(2AA) The permitted purposes in relation to a prescribed authority are:

monitoring the accuracy of information contained on a Roll; and

any other purpose that is prescribed for the prescribed authority.

any purpose in connection with an election or referendum; and

monitoring the accuracy of information contained in a Roll; and

any other purpose that is prescribed.

any purpose in connection with an election or referendum; and

monitoring the accuracy of information contained in a Roll; and

any other purpose that is prescribed by the regulations for the purposes of this paragraph.

a Senate election;

a House of Representatives election;

a State election;

a Territory election; or

a local government election.

referendum means a referendum conducted under a law of the Commonwealth or of a State or Territory.

who have attained 18 years of age; and

who are:

Australian citizens; or

persons (other than Australian citizens) who would, if the relevant citizenship law had continued in force, be British subjects within the meaning of that relevant citizenship law and whose names were, immediately before 26 January 1984:

(A) on the roll for a Division; or

(B) on a roll kept for the purposes of the Representation (House of Representatives) Act 1973 or the Representation Act 1922;

shall be entitled to enrolment.

whose name has been placed on a Roll in pursuance of a claim made under section 100; and

who has not attained 18 years of age on the date fixed for the polling in an election;

is not entitled to vote at that election.

entitled to be enrolled on a Roll; or

enrolled on a Roll.

(a) within the meaning of the Migration Act 1958, the holder of a temporary visa; or

an unlawful non-citizen under that Act;

is not entitled to enrolment under Part VIII.

by reason of cognitive impairment, is incapable of understanding the nature and significance of enrolment and voting; or

has been convicted of treason or treachery and has not been pardoned;

is not entitled to have his or her name placed or retained on any Roll or to vote at any Senate election or House of Representatives election.

(8AA) A person who is serving a sentence of imprisonment of 3 years or longer is not entitled to vote at any Senate election or House of Representatives election.

is fictitious, frivolous, offensive or obscene; or

is not the name by which the person is usually known; or

is not written in the alphabet used for the English language.

is enrolled for a particular Subdivision of a Division; and

has ceased to reside in , or intends to cease to reside in ; and

intends to resume residing in (whether in that Subdivision or elsewhere) not later than 6 years after ceasing to reside in ;

may apply to be treated as an eligible overseas elector. The application must be in the approved form and signed by the elector, and must be made to the Electoral Commissioner.

the Electoral Commissioner must annotate the Roll so as to indicate that the elector is an eligible overseas elector; and

subject to this section, the elector is entitled to be treated as an eligible overseas elector from the time when the annotation is made until it is cancelled.

have his or her name retained on the Roll for the Subdivision; and

vote as an elector of the Subdivision.

the person does not cease to reside in within 3 months after the day on which the application was made;

within 6 years after ceasing to reside in , the person again becomes resident in ;

the person abandons the intention to become resident again in within 6 years after ceasing to reside in ;

the person ceases to be entitled to enrolment.

(a) ceases to have the intention to resume residing in within the period (in this subsection referred to as the relevant period) of 6 years after the day on which he or she ceased to reside in ; and

intends to resume residing in at some time after the expiration of the relevant period;

and applies, within 3 months before the expiration of the relevant period, to the Electoral Commissioner to be treated as an eligible overseas elector for a further period of 1 year commencing on the expiration of the relevant period, the Electoral Commissioner shall annotate the Roll for that Subdivision so as to indicate that the eligible overseas elector is to be treated as an eligible overseas elector for that further period of 1 year.

(a) is being treated as an eligible overseas elector in relation to a Subdivision for a further period (in this subsection referred to as the relevant period) of 1 year in pursuance of an application made under subsection (8) or under this subsection; and

intends to resume residing in ;

applies, within 3 months before the expiration of the relevant period, to the Electoral Commissioner to be treated as an eligible overseas elector for a further period of 1 year commencing on the expiration of the relevant period, the Electoral Commissioner shall annotate the Roll for that Subdivision so as to indicate that the eligible overseas elector is to be treated as an eligible overseas elector for that further period of 1 year.

resumes residing in ; or

ceases to have the intention to resume residing in ;

the person shall, as soon as practicable, give notice in writing to the Electoral Commissioner of the happening of the event referred to in paragraph (a) or (b), as the case may be.

the person gives notice under paragraph (5)(c) and does not make an application under subsection (8);

the person gives notice under paragraph (11)(b);

while the person is being so treated, a general election is held at which he or she neither votes nor applies for a postal vote;

the person ceases to be entitled to enrolment;

except where:

the person has given notice under paragraph (5)(b); or

the person has made an application under subsection (8);

the period of 6 years commencing on the day on which the person ceased to reside in expires; or

in a case where:

(i) the person is being treated as an eligible overseas elector in pursuance of an application made under subsection (8) or (9) for a further period (in this paragraph referred to as the relevant period) of 1 year; and

the person does not make an application under subsection (9) to be treated as an eligible overseas elector for a further period of 1 year commencing on the expiration of the relevant period;

the relevant period expires.

if the person ceases to be eligible otherwise than by virtue of paragraph (13)(d) and the person resides in the Division at the time when he or she ceases to be entitled to be treated as an eligible overseas elector under this section—cancel the annotation made in relation to the person under subsection (2); or

in any other case—cancel the enrolment of the person on the Roll for the Subdivision.

where the annotation was not made before the Electoral Commissioner became aware of the happening of the event—the Electoral Commissioner shall not make the annotation; or

where the annotation is made—the annotation or the enrolment of the person, as the case requires, ceases to be in force immediately after the annotation is made.

the person has ceased to reside in ; and

the person is not enrolled; and

the person is not qualified for enrolment, but would be so qualified if he or she resided at an address in a Subdivision of a Division, and had done so for at least a month; and

the person intends to resume residing in not later than 6 years after he or she ceased to reside in .

must be in the approved form; and

must be signed by the applicant; and

must be made within 3 years of the day on which the applicant ceased to reside in Australia; and

must comply with section 98AA (evidence of identity requirements).

for the Subdivision for which the person last had an entitlement to be enrolled; or

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

if neither paragraph (a) nor (b) applies, for the Subdivision in which the person was born; or

if none of paragraphs (a), (b) and (c) applies, for the Subdivision with which the person has the closest connection.

the application is received by the Electoral Commissioner after 8 pm on the day of the close of the Rolls for an election to be held in a Division; and

the application relates to a Subdivision of that Division;

the person’s name must not be added to the Roll for the Subdivision until after the close of the poll for that election.

of a decision to grant or refuse the application; or

of the Electoral Commissioner’s opinion that the application cannot be proceeded with because of subsection (4).

(a) who is the spouse, de facto partner or child of a person who is an eligible overseas elector by virtue of relevant Subdivision);section 94 in relation to a Subdivision (in this subsection referred to as the

who is living at a place outside so as to be with or near the eligible overseas elector;

who had not attained 18 years of age when he or she last ceased to reside in ;

whose name is not, and has not been, on a Roll;

who is not qualified for enrolment under section 93 but would be so qualified if he or she resided at an address in a Subdivision of a Division; and

who intends to resume residing in not later than 6 years after the day on which he or she attained 18 years of age;

applies to the Electoral Commissioner to have his or her name placed on the Roll for the relevant Subdivision and to be treated as an eligible overseas elector, the Electoral Commissioner shall, subject to subsection (4):

add the name of the person to the Roll for the relevant Subdivision; and

annotate the Roll for the relevant Subdivision so as to indicate that the person is an eligible overseas elector;

and, subject to subsections (7), (12) and (13), the person is entitled to be treated as an eligible overseas elector from the time when the annotation is made until it is cancelled.

must be in the approved form; and

must be signed by the applicant; and

must comply with section 98AA (evidence of identity requirements).

have his or her name retained on the Roll for the Subdivision; and

vote as an elector of the Subdivision.

an application under this section is received by the Electoral Commissioner after 8 pm on the day of the close of the Rolls for an election to be held in a Division; and

the application relates to a Subdivision of that Division;

the person’s name must not be added to the Roll for the Subdivision, and the annotation of the Roll under subsection (1) in relation to the person must not be made, until after the close of the poll for that election.

of a decision to grant or refuse the application; or

of the Electoral Commissioner’s opinion that the application cannot be proceeded with because of subsection (4).

resumes residing in within 6 years after the day on which he or she attained 18 years of age;

ceases to have the intention to resume residing in Australia within 6 years after the day on which he or she attained 18 years of age; or

ceases to be qualified for enrolment;

the person shall, as soon as practicable, give notice in writing to the Electoral Commissioner of the happening of the event referred to in paragraph (a), (b) or (c), as the case may be.

(a) ceases to have the intention to resume residing in within the period (in this subsection referred to as the relevant period) of 6 years after the day on which he or she attained 18 years of age; and

intends to resume residing in at some time after the expiration of the relevant period;

applies, within 3 months before the expiration of the relevant period, to the Electoral Commissioner to be treated as an eligible overseas elector for a further period of 1 year commencing on the expiration of the relevant period, the Electoral Commissioner shall annotate the Roll for that Subdivision so as to indicate that the eligible overseas elector is to be treated as an eligible overseas elector for that further period of 1 year.

(a) is being treated as an eligible overseas elector in relation to a Subdivision for a further period (in this subsection referred to as the relevant period) of 1 year in pursuance of an application made under subsection (8) or under this subsection; and

intends to resume residing in ;

applies, within 3 months before the expiration of the relevant period, to the Electoral Commissioner to be treated as an eligible overseas elector for a further period of 1 year commencing on the expiration of the relevant period, the Electoral Commissioner shall annotate the Roll for that Subdivision so as to indicate that the eligible overseas elector is to be treated as an eligible overseas elector for that further period of 1 year.

resumes residing in ; or

ceases to have the intention to resume residing in ;

the person shall, as soon as practicable, give notice in writing to the Electoral Commissioner of the happening of the event referred to in paragraph (a) or (b), as the case may be.

the person gives notice under paragraph (6)(b) and does not make an application under subsection (8);

the person gives notice under paragraph (11)(b);

while the person is being so treated, a general election is held at which the person neither votes nor applies for a postal vote;

the person ceases to be entitled to enrolment;

except where:

the person has given notice under paragraph (6)(b); or

the person has made an application under subsection (8);

the period of 6 years commencing on the day on which the person attained the age of 18 years expires; or

in a case where:

(i) the person is being treated as an eligible overseas elector in pursuance of an application made under subsection (8) or (9) for a further period (in this paragraph referred to as the relevant period) of 1 year; and

the person does not make an application under subsection (9) to be treated as an eligible overseas elector for a further period of 1 year commencing on the expiration of the relevant period;

the relevant period expires.

if the person ceases to be eligible otherwise than by virtue of paragraph (13)(d) and the person resides in the Division at the time when he or she ceases to be entitled to be treated as an eligible overseas elector under this section—cancel the annotation made in relation to the person under subsection (1); or

in any other case—cancel the enrolment of the person on the Roll for the Subdivision.

where the name was not added to the Roll, and the annotation was not made, before the Electoral Commissioner became aware of the happening of the event—the Electoral Commissioner shall not add the name to the Roll under this section or make the annotation; or

where the name is added to the Roll and the annotation is made—the person ceases to be entitled to be treated as an eligible overseas elector immediately after the name is added and the annotation is made.

is in ; and

is not entitled to be enrolled for any Subdivision because:

the person does not reside in any Subdivision; or

the person is a homeless person;

may apply to the Electoral Commissioner for enrolment under this section for a Subdivision.

must be in the approved form; and

must be signed by the applicant; and

must comply with section 98AA (evidence of identity requirements), if that section applies to the application.

for the Subdivision for which the applicant last had an entitlement to be enrolled;

if the person has never had such an entitlement, for a Subdivision for which any of the applicant’s next of kin is enrolled;

if neither paragraph (a) nor paragraph (b) applies, for the Subdivision in which the applicant was born; or

if none of paragraphs (a), (b) and (c) applies, for the Subdivision with which the applicant has the closest connection.

have his or her name retained on the Roll for the Subdivision; and

vote as an elector of the Subdivision.

an application under this section is received by the Electoral Commissioner after 8 pm on the day of the close of the Rolls for an election to be held in a Division; and

the application relates to a Subdivision of that Division;

the person’s name must not be added to the Roll for the Subdivision, and the annotation of the Roll under subsection (2B) in relation to the person must not be made, until after the close of the poll for that election.

grants or refuses an application made under subsection (1); or

is of the opinion that an application made under that subsection cannot be proceeded with because of the operation of subsection (4);

the Electoral Commissioner shall notify the applicant in writing of that decision or opinion, as the case may be.

resides in a Subdivision for a period of 1 month or longer; or

if subparagraph (1)(b)(ii) applied in relation to the application—ceases to be a homeless person; or

forms the intention to depart from and to remain outside for a period of 1 month or longer; or

ceases to be entitled to enrolment;

the person shall, as soon as practicable, give notice in writing to the Electoral Commissioner of the happening of the event referred to in paragraph (a), (aa), (b) or (c), as the case may be.

a person is being treated as an itinerant elector under this section because the person is a homeless person; and

the person ceases to be a homeless person;

the person ceases to be eligible to be treated as an itinerant elector under this section upon ceasing to be a homeless person.

the person ceases to be entitled to enrolment; or

the person departs from and remains outside for a period of 1 month or longer.

if the person ceases to be entitled otherwise than because of paragraph (9)(b) and the Electoral Commissioner is aware that the person resides in the Division—cancel the annotation made in relation to the person under subsection (2B); or

in any other case—cancel the enrolment of the person on the Roll for the Subdivision.

where the name was not added to the Roll, and the annotation was not made, before the Electoral Commissioner became aware of the happening of the event—the Electoral Commissioner must not add the name to the Roll under this section or make the annotation; or

where the name is added to the Roll and the annotation is made—the person ceases to be entitled to be treated as an itinerant elector immediately after the name is added and the annotation is made.

a person living in:

crisis accommodation; or

transitional accommodation; and

(b) a person who has inadequate access to safe and secure housing Supported Accommodation Assistance Act 1994.within the meaning of section 4 of the

the Subdivision for which the person was entitled to be enrolled at that time;

if the person was not so entitled, a Subdivision for which any of the person’s next of kin is enrolled;

if neither of paragraphs (a) and (b) is applicable, the Subdivision in which the person was born; and

if none of the preceding paragraphs is applicable, the Subdivision with which the person has the closest connection.

have the person’s name retained on the Roll for the Subdivision in which the person was enrolled when the person first began to be in Antarctica or on the ship that is in transit to or from Antarctica; and

vote as an elector of the Subdivision.

a person is, under section 93, entitled to enrolment; and

the person is, in the course of the person’s employment:

in Antarctica; or

(ii) on a ship at sea in transit to or from Antarctica; and

the person was not enrolled when the person began to be in Antarctica or on the ship.

for the Subdivision for which the person last had an entitlement to be enrolled; or

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

if neither paragraph (a) nor (b) applies—for the Subdivision in which the person was born; or

if none of paragraphs (a), (b) and (c) applies—for the Subdivision with which the person has the closest connection.

Annotating the Roll

the person gives a notice under subsection (3); or

the Electoral Commissioner adds the person’s name to the Roll in accordance with subsection (5); or

the Electoral Commissioner is otherwise satisfied that the person is an Antarctic elector.

an application or claim that a person makes under section 94A, 95 or 99A; or

an application or claim that a person makes under section 96 or 98, if:

the person is not already enrolled; or

the person is already enrolled, but the person’s name is no longer the same as the name under which he or she is enrolled.

if the person holds a driver’s licence issued under the law of a State or Territory, or a law in force in Norfolk Island—the number of that driver’s licence;

if the person holds an Australian passport—the number of that Australian passport;

an attestation as to the person’s identity that is:

in the approved form; and

signed by another person who is enrolled;

any other evidence of the person’s identity that is of a kind prescribed by the regulations for the purpose of this paragraph.

must be in an approved form; and

subject to subsection (3), must be signed by the claimant; and

must comply with section 98AA (evidence of identity requirements), if that section applies to the claim.

is fictitious, frivolous, offensive or obscene; or

is not the name by which the person is usually known; or

is not written in the alphabet used for the English language.

for more than one Subdivision;

for a Subdivision other than the Subdivision in which the person lives; or

in respect of an address other than the address at which the person is living when the claim is lodged.

a Senator is entitled to have his or her name placed on the Roll for any Subdivision of any Division in the State or Territory the Senator represents instead of the Subdivision in which the Senator lives;

a member of the House of Representatives is entitled to have his or her name placed on the Roll for any Subdivision of the Division the member represents instead of the Subdivision in which the member lives; and

a Senator or member whose name is enrolled under this subsection may vote as an elector of the Subdivision for which he or she is so enrolled.

(a) makes an application to become an Australian citizen under Australian Citizenship Act 2007; andsection 21 of the

would, if he or she were an Australian citizen, be entitled, in respect of residence at an address, to enrolment for a subdivision;

may make a provisional claim for enrolment for that subdivision.

is living at an address in another subdivision; and

has lived at that address for the period of one month last past;

the person may make a provisional claim for enrolment for that other subdivision.

must be in the approved form; and

subject to subsection (5), must be signed by the claimant; and

must be lodged:

if the claim is made under subsection (1)—together with the claimant’s application to become an Australian citizen; or

if the claim is made under subsection (2)—with the Electoral Commissioner; and

must comply with section 98AA (evidence of identity requirements).

a person wishes to make a provisional claim for enrolment; and

a registered medical practitioner has certified, in writing, that the person is so physically incapacitated that the person cannot sign the claim;

another person may, on behalf of the person, fill out and sign the claim in accordance with the directions of the first-mentioned person.

send to the Electoral Commissioner, as soon as practicable, any provisional claim for enrolment lodged by a person under subparagraph (4)(c)(i); and

if the person becomes an Australian citizen as a result of the person’s application to become an Australian citizen—inform the Electoral Commissioner, as soon as practicable, that the person has become an Australian citizen.

either:

a public announcement has been made of the proposed date for polling for an election for the Subdivision; or

a writ for an election for the Subdivision has been issued; and

(b) the person has been notified by the Immigration Department that the person will become an Australian citizen under the Australian Citizenship Act 2007 between:

the date of the writ; and

the polling day for the election; and

the person is not enrolled; and

the person is not qualified for enrolment, but would be so qualified if he or she were an Australian citizen.

Requirements for application

be in the approved form; and

be signed by the person (but see subsection (3)); and

be made between the following times:

the earlier of the public announcement of the proposed date for polling for the election and the date of the writ;

8 pm on the day of the close of the Rolls for the election; and

in accordance with subsection (4), be supported by evidence of the Immigration Department’s notification.

the applicant wishes to make the application; and

a registered medical practitioner has certified, in writing, that the applicant is so physically incapacitated that the applicant cannot sign the application.

all of the following apply:

the original notification is shown to an officer;

the officer attests that he or she has sighted the notification;

the officer attests that he or she is satisfied that the notification relates to the person making the application; or

all of the following apply:

the original or a copy of the notification is shown to an elector in a prescribed class of electors;

the elector attests that he or she has sighted the notification;

the elector attests that he or she is satisfied that the notification relates to the person making the application.

Electoral Commissioner to keep records

the person is provisionally enrolled under this section for the Subdivision to which the application relates; and

the Electoral Commissioner must keep a record of the details of the application.

Confirmation of citizenship

the provisional enrolment ceases; and

the application is taken to be a claim for enrolment for the Subdivision to which the application relates; and

sections 102, 103 and 104 apply to the application as if it were a claim made under section 101.

has turned 16, but is under 18, years of age; and

would be entitled, in respect of residence at an address, to be enrolled for a Subdivision if he or she were 18 years of age;

may send or deliver a claim to have his or her name placed on the Roll for that Subdivision to the Electoral Commissioner.

has changed his or her place of living from one address in that Subdivision to another address in the same Subdivision; and

has lived at the new address for a period of one month;

the person must, within 21 days after the end of the period referred to in paragraph (b), give written notice of the new address to the Electoral Commissioner.

note on the claim the date of its receipt; and

if the claim is in order and the Electoral Commissioner is satisfied that the claimant is entitled, in respect of residence at an address, to be enrolled for a Subdivision, without delay:

enter on the Roll for the Subdivision the name of the claimant and the other particulars required by section 83; and

notify the claimant in writing that he or she has been enrolled for that Subdivision; and

in the case of a claim for transfer of an enrolment from the Roll for another Subdivision—delete the name of the claimant from the Roll for that other Subdivision; and

if the claim is in order but the Electoral Commissioner is satisfied that the claimant is already properly enrolled in respect of residence at the address in the Subdivision for which he or she is entitled to be enrolled—notify the claimant, in writing, that he or she has been enrolled for that Subdivision; and

if the claim is not in order or the Electoral Commissioner is not satisfied that the claimant is entitled, in respect of residence at an address, to be enrolled for a Subdivision—notify the claimant in writing that the claim has been rejected.

a statement of the reasons for the decision; and

a statement setting out the rights of the claimant to have the decision reviewed under Part X.

(a) a claim under suspension period):section 101 is received by the Electoral Commissioner during the period (the

starting at 8 pm on the day of the close of the Rolls for an election to be held in a Division; and

ending on the close of the poll for the election; and

the claim relates to a Subdivision of that Division;

the claim must not be considered until after the end of the suspension period.

a claim under section 101 is received by the Electoral Commissioner during the suspension period; and

the Australian Postal Corporation has notified the Electoral Commission in writing that:

the delivery of mail identified in the notification was delayed by an industrial dispute affecting a specified post office or mail exchange; and

but for the industrial dispute, that mail would, in the ordinary course of post, have been delivered before the start of the suspension period; and

the claim is included in the mail identified in the notification;

then, despite subsection (4):

the claim must be regarded as having been received before the start of the suspension period; and

if the claimant’s name is entered on the Roll in accordance with the claim, the enrolment must, in relation to any vote recorded by the claimant in an election, be regarded as having been effected before the start of the suspension period.

(a) is satisfied that a person’s address is entered on a Roll (the old Roll); and

(b) is satisfied, for reasons other than a claim under new address).section 98 and a notice under subsection 101(5), that the person lives at another address (the

Notice of proposed action to update or transfer enrolment

if the person’s residence at the new address entitles the person to have his or her name placed on the old Roll—that the Electoral Commissioner proposes to enter the new address for the person on the old Roll; and

(b) if the person’s residence at the new address entitles the person to have his or her name transferred to another Roll (the new Roll)—that the Electoral Commissioner proposes:

to delete the person’s name from the old Roll; and

to enter on the new Roll the person’s name and other particulars required by section 83; and

in any case—that the Electoral Commissioner will not take the proposed action if satisfied by information given by the person to the Electoral Commissioner within 28 days after the date of the notice that the person does not live at the new address.

Taking action to update or transfer enrolment

starting at 8 pm on the day of the close of the Rolls for an election to be held in a Division to which the new Roll relates; and

ending on the close of the poll for the election.

Notice of decision or decision not to take action

under subsection (6) the Electoral Commissioner gives the person notice in writing of the action; and

the Electoral Commissioner has received a claim for transfer of the person’s enrolment to the new address;

the Electoral Commissioner need not give the person notice under subparagraph 102(1)(b)(ii).

Electronic notification

is entitled to enrolment; and

(b) has lived at an address (the proposed enrolment address) in a Subdivision (the relevant Subdivision) for at least one month; and

the person is not enrolled.

Notice of proposed action to enrol a person

(a) that the Electoral Commissioner proposes to enter the person’s name and other particulars required by proposed action); andsection 83 on the Roll for the relevant Subdivision (the

that the Electoral Commissioner will not take the proposed action if satisfied by information given by the person to the Electoral Commissioner within 28 days after the date of the notice that the person:

does not live at the proposed enrolment address; or

is not entitled to enrolment.

Taking action to enrol a person

does not live at the proposed enrolment address; or

is not entitled to enrolment.

does live at the proposed enrolment address; and

is entitled to enrolment.

starting at 8 pm on the day of the close of the Rolls for an election to be held in a Division to which the Roll for the relevant Subdivision relates; and

ending on the close of the poll for the election.

Notice that action has or has not been taken

the action or the decision; and

the person’s full name and address as entered on the Roll for the person (if applicable).

under subsection (6) the Electoral Commissioner gives the person notice in writing of the action; and

the Electoral Commissioner has received a claim for enrolment in respect of the relevant address;

the Electoral Commissioner need not give the person notice under subparagraph 102(1)(b)(ii).

Electronic notification

the address of a person is included in the particulars relating to the person that are entered on the Roll for a Subdivision; and

the person considers that having his or her address so shown places the personal safety of the person or of members of his or her family at risk;

the person may lodge with the Electoral Commissioner a request, in the approved form, that his or her address be deleted from the particulars that are entered on that Roll.

a request has been made under subsection (1) or (2); and

the Electoral Commissioner is satisfied that having the address of the person making the request shown on the Roll for the Subdivision would place or places the personal safety of the person or members of the person’s family at risk;

the Electoral Commissioner:

in a case where the request was lodged under subsection (1)—shall not include the address of the person in the particulars relating to the person that are entered on the Roll for the Subdivision; and

in a case where the request is lodged under subsection (2)—shall delete the address of the person from the particulars relating to the person that are entered on the Roll for the Subdivision.

the address of an elector is not shown on the Roll for a Subdivision because of this section; and

the elector’s name is transferred to a Roll for another Subdivision;

the Electoral Commissioner must not enter the elector’s address on the Roll for the other Subdivision.

the decision that the elector’s address should be entered on the Roll has not been set aside under subsection 120(5), or by the Administrative Review Tribunal or a court; and

it is no longer possible for the decision to be so set aside;

the Electoral Commissioner must enter the elector’s address on the Roll.

if the person has not given notice of a change of address under subsection 101(5)—in respect of the address that would have been shown on the Roll had the request not been made; or

if the person gives notice of a change of address under subsection 101(5)—in respect of the new address.

a de facto partner of the person;

(b) a child of the person, or someone of whom the person is a child, because of the definition of child in section 4;

anyone else who would be a member of the person’s family because a person mentioned in paragraph (a) or (b) is taken to be a member of the family.

correcting any mistake or omission in the particulars of the enrolment of an elector;

removing the name of any deceased elector;

striking out the superfluous entry where the name of the same elector appears more than once on the same Subdivision Roll;

reinstating any name removed by mistake as the name of a deceased elector;

where the Electoral Commissioner is satisfied that an objection against the enrolment of an elector whose name has been deleted from the Roll as a result of the objection was based on a mistake of fact and that the person objected to still retains and has continuously retained his or her right to the enrolment in respect of which the objection was made—reinstating on the Roll the name of the elector;

reinstating any other name removed by mistake; and

where the name of a street or any other part of an address that appears on the Roll is changed—substituting the new name or other part of the address for the name or other part of the address so appearing.

the name of an elector has, pursuant to a claim, been incorrectly placed on the Roll for a Subdivision (other than the Subdivision in which the elector was living at the date of the claim); and

the elector was entitled on that date to be enrolled for the Subdivision in which he or she was living;

the Electoral Commissioner may remove the name of the elector from the Roll on which the elector is enrolled and place the name of the elector on the Roll for the Subdivision in which the elector is living and notify the elector of the change of enrolment.

at a preliminary scrutiny of declaration votes conducted in accordance with Schedule 3:

the envelope containing the elector’s ballot paper meets the requirements of paragraph 6 of that Schedule (about ballot papers being properly issued); and

paragraph 12 of that Schedule (about omissions from a Roll due to error or a mistake of fact) applies to the envelope; or

(b) at a preliminary scrutiny of declaration votes conducted in accordance with Schedule 4 to the Referendum (Machinery Provisions) Act 1984:

the envelope containing the elector’s ballot paper meets the requirements of paragraph 6 of that Schedule (about ballot papers being properly issued); and

paragraph 11 of that Schedule (about omissions from a Roll due to error or a mistake of fact) applies to the envelope.