Eligibility of spouse, de facto partner or child of eligible overseas elector
95 Eligibility of spouse, de facto partner or child of eligible overseas elector
Where a person:
who is the spouse, de facto partner or child of a person who is an eligible overseas elector by virtue of section 94 in relation to a Subdivision (in this subsection referred to as the relevant Subdivision);
who is living at a place outside Australia 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 Australia;
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 Australia 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.
An application:
must be in the approved form; and
must be signed by the applicant; and
must comply with section 98AA (evidence of identity requirements).
Notwithstanding anything contained 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 (1) 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.
If:
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.
The Electoral Commissioner must notify the person in writing:
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).
Where a person who has applied under subsection (1) to be treated as an eligible overseas elector:
resumes residing in Australia 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.
Subject to subsection (13), where a person who is being treated as an eligible overseas elector under this section resumes residing in Australia within 6 years after the day on which he or she attained 18 years of age, the person ceases to be eligible 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.
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 attained 18 years of age; and
intends to resume residing in Australia 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.
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 (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:
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 (1) 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 (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 (1); 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 the person’s name is added to the Roll and an annotation under paragraph (1)(h) is made in relation to the person, an event occurs by reason of which, if the name had been so added and the annotation so made, the person would have ceased to be entitled to be treated as an eligible overseas elector under subsection (7) or (13), whether immediately or otherwise, then:
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.
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