Commonwealth Electoral Act 1918

The Electoral Commissioner may, in writing, declare that an elector is a designated elector if the Electoral Commissioner reasonably suspects either or both of the following:

that the elector has voted more than once in an election, whether or not the elector has been convicted of an offence against subsection 339(1A) or (1C);

that the elector has voted more than once in a referendum (within the meaning of the Referendum (Machinery Provisions) Act 1984), whether or not the elector has been convicted of an offence against subsection 130(1A) or (1C) of that Act.

The Electoral Commissioner must give the elector written notice of the declaration. The notice must set out the elector’s right to have the decision to make the declaration reviewed.

A declaration under subsection (1) ceases to have effect if:

if the declaration relates to an elector who has been convicted of an offence against subsection 339(1A)—the elector’s conviction is quashed on appeal; and

if the declaration relates to an elector who has been convicted of an offence against subsection 339(1C)—the elector’s conviction is quashed on appeal; and

if the declaration relates to an elector who has been convicted of an offence against subsection 130(1A) of the Referendum (Machinery Provisions) Act 1984—the elector’s conviction is quashed on appeal; and

if the declaration relates to an elector who has been convicted of an offence against subsection 130(1C) of the Referendum (Machinery Provisions) Act 1984—the elector’s conviction is quashed on appeal.

A declaration made under subsection (1) is not a legislative instrument.