Enrolled voters leaving Australia
94 Enrolled voters leaving Australia
An elector who:
is enrolled for a particular Subdivision of a Division; and
has ceased to reside in Australia, or intends to cease to reside in Australia; and
intends to resume residing in Australia (whether in that Subdivision or elsewhere) not later than 6 years after ceasing to reside in Australia;
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.
An application that is made while the elector still resides in Australia must be made within 3 months before the elector intends to cease to reside in Australia.
An application that is made after the elector ceased to reside in Australia must be made within 3 years after the day on which the elector ceased to reside in Australia.
Where an application is made under subsection (1):
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.
Notwithstanding anything in subsection 99(1) or (2), while a person is entitled to be treated as an eligible overseas elector by virtue of an annotation under subsection (2) to the Roll for a Subdivision, the person is entitled to:
have his or her name retained on the Roll for the Subdivision; and
vote as an elector of the Subdivision.
Where a person applies under subsection (1) to the Electoral Commissioner to be treated as an eligible overseas elector and the person’s name is not on the Roll for a Subdivision of the Division, the Electoral Commissioner shall refuse the application and give notice in writing of the decision to the person making the application.
A person who has applied under subsection (1) shall, as soon as practicable, give written notice to the Electoral Commissioner of the occurrence of any of the following circumstances:
the person does not cease to reside in Australia within 3 months after the day on which the application was made;
within 6 years after ceasing to reside in Australia, the person again becomes resident in Australia;
the person abandons the intention to become resident again in Australia within 6 years after ceasing to reside in Australia;
the person ceases to be entitled to enrolment.
Subject to subsection (13), if a person who is an eligible overseas elector does not cease to reside in Australia within 3 months after the day on which he or she applied under subsection (1) to be treated as an eligible overseas elector, the person ceases to be entitled to be treated as an eligible overseas elector.
Paragraph (5)(a) and subsection (6) do not apply to a person who is an eligible overseas elector whose application under subsection (1) was made after the person ceased to reside in Australia.
If a person who is an eligible overseas elector again becomes resident in Australia within 6 years after ceasing to reside in Australia, the person ceases to be entitled to be treated as an eligible overseas elector at the end of 1 month after the day on which he or she again became resident in Australia.
Where a person who is an eligible overseas elector in relation to a Subdivision by virtue of this section:
ceases to have the intention to resume residing in Australia 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 Australia; and
intends to resume residing in Australia 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.
Where a person who:
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 Australia;
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.
An application under subsection (8) or (9) shall be in writing and signed by the applicant.
Where a person who is being treated as an eligible overseas elector in pursuance of an application made under subsection (8) or (9):
resumes residing in Australia; or
ceases to have the intention to resume residing in Australia;
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.
Subject to subsection (13), where a person who is being treated as an eligible overseas elector in pursuance of an application made under subsection (8) or (9) resumes residing in Australia, the person ceases to be entitled to be treated as an eligible overseas elector under this section on the expiration of 1 month after the day on which he or she resumes residing in Australia.
A person ceases to be entitled to be treated as an eligible overseas elector under this section if:
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 Australia expires; or
in a case where:
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.
Where the Electoral Commissioner has annotated a Roll for a Subdivision of a Division in relation to a person under subsection (2) and the Electoral Commissioner becomes aware that the person has ceased to be entitled to be treated as an eligible overseas elector under this section by virtue of subsection (6), (7), (12) or (13), the Electoral Commissioner shall:
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.
If, after an application is made by a person under subsection (1) to be treated as an eligible overseas elector and before an annotation under subsection (2) is made in relation to the person, an event occurs by reason of which, if the annotation had been made, the person would have ceased to be entitled to be treated as an eligible overseas elector under subsection (6), (7) or (13), whether immediately or otherwise, then:
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.
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