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COMMONWEALTH ELECTORAL ACT 1918 - SECT 185

Registration as general postal voter

  (1)   Subject to subsection   (1A), if the Electoral Commissioner is satisfied that an application has been made in accordance with section   184A, the Electoral Commissioner must register the applicant as a general postal voter for the Division to which the application relates.

  (1A)   If, as permitted by subsection   184A(5), an elector applies to be registered as a general postal voter on the ground referred to in paragraph   184A(2)(i) or (j) before he or she has left Australia, the Electoral Commissioner must not register the applicant as a general postal voter until the Electoral Commissioner believes, on reasonable grounds, that the elector has left Australia.

  (1B)   For the purposes of subsection   (1A), in considering whether he or she believes, on reasonable grounds, that an elector has left Australia, the Electoral Commissioner:

  (a)   may have regard to information included in the elector's application relating to his or her likely date of departure; and

  (b)   is not required to obtain, or have regard to, other information, but may obtain, and have regard to, other information if the Electoral Commissioner considers it appropriate to do so.

  (2)   If:

  (a)   a claim for enrolment or transfer of enrolment is made to the Electoral Commissioner; and

  (b)   the claim is signed under subsection   98(3); and

  (c)   the claim indicates that the claimant wishes to be registered as a general postal voter for a Division;

the Electoral Commissioner must register the claimant as a general postal voter for the Division.

  (3)   If an elector who is registered as a general postal voter for a Division (in this subsection called the original Division ) makes a claim for transfer of enrolment to another Division (the new Division ), the Electoral Commissioner must:

  (a)   cancel the registration of the elector as a general postal voter for the original Division; and

  (b)   register the elector as a general postal voter for the new Division, unless the Electoral Commissioner is satisfied that the elector would not be entitled to registration on application under subsection   184A(1).

  (4)   Registration of an elector as a general postal voter for a Division is effected by entering in the Register for the Division the following particulars of the elector:

  (a)   full name;

  (b)   except in the case of an elector whose address has been excluded from the Roll under section   104, the address shown in the Roll as the real place of living of the elector;

  (c)   such other particulars (if any) as the Electoral Commissioner determines.

  (4AA)   The Electoral Commissioner must not, for the purposes of paragraph   (4)(c), determine any particulars relating to whether an elector is a designated elector.

  (4A)   Nothing in paragraphs   (4)(b) and (c) allows or requires the Electoral Commissioner to include in the Register for a Division information that the Electoral Commissioner is aware would or might enable any of the following to be ascertained:

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

  (i)   a defence member or a defence civilian; or

  (ii)   an AFP officer or staff member;

  (b)   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);

  (c)   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);

  (e)   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).

  (5)   If the Electoral Commissioner registers an elector as a general postal voter for a Division, the Electoral Commissioner must notify the elector, in writing, of the registration.

  (6)   If the Electoral Commissioner decides not to register an elector as a general postal voter for a Division, the Electoral Commissioner must notify the elector, in writing, of the decision and of the reasons for it.


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