Commonwealth Electoral Act 1918

Every person who is entitled to be enrolled for any Subdivision, otherwise than by virtue of section 94, 94A, 95, 96 or 100, whether by way of enrolment or transfer of enrolment, and whose name is not on the Roll, shall forthwith fill in and sign a claim and send or deliver the claim to the Electoral Commissioner.

Every person who is entitled to have his or her name placed on the Roll for any Subdivision whether by way of enrolment or transfer of enrolment, and whose name is not on the Roll upon the expiration of 21 days from the date upon which the person became so entitled, or at any subsequent date while the person continues to be so entitled, commits an offence unless he or she proves that the non‑enrolment is not in consequence of his or her failure to send or deliver to the Electoral Commissioner, a claim, duly filled in and signed in accordance with the directions printed thereon.

A defendant bears a legal burden in relation to the defence in subsection (4) (see section 13.4 of the Criminal Code).

If a person enrolled for a Subdivision (including a person whose address, in accordance with a request made under section 104, is not entered on a Roll):

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;

A person who fails to comply with subsection (1), (4) or (5) commits an offence punishable on conviction by a fine not exceeding 1 penalty unit.

An offence against subsection (6) relating to a failure to comply with subsection (1) or (5) is an offence of strict liability.

For strict liability, see section 6.1 of the Criminal Code.

An offence against subsection (6) relating to a failure to comply with subsection (4) is an offence of absolute liability.

For absolute liability, see section 6.2 of the Criminal Code.

Subsection (6) does not apply to a person who fails to comply with subsection (5) if the person has not reached the age of 18 years.

A defendant bears an evidential burden in relation to the defence in subsection (6A) (see subsection 13.3(3) of the Criminal Code).

Where a person sends or delivers a claim for enrolment, or for transfer of enrolment, to the Electoral Commissioner, proceedings shall not be instituted against that person for any offence against subsection (1) or (4) committed before the claim was so sent or delivered.

If the Electoral Commissioner enters a person’s name or address in a Roll under section 103A or 103B, proceedings must not be instituted against the person for an offence against subsection (1), (4), (5) or (6) of this section constituted by an omission occurring before that entry.