Commonwealth Electoral Act 1918

A person who:

is in Australia; and

is not entitled to be enrolled for any Subdivision because:

the person does not reside in any Subdivision; or

the person is a homeless person;

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), if that section applies to the application.

The Electoral Commissioner must add the name of the applicant to the Roll:

for the Subdivision for which the applicant last had an entitlement to be enrolled;

if the person has never had such an entitlement, for a Subdivision for which any of the applicant’s next of kin is enrolled;

if neither paragraph (a) nor paragraph (b) applies, for the Subdivision in which the applicant was born; or

if none of paragraphs (a), (b) and (c) applies, for the Subdivision with which the applicant has the closest connection.

The Electoral Commissioner shall also annotate the Roll so as to indicate that the person is an itinerant elector.

Until an annotation under subsection (2B) is cancelled, the person to whom the annotation relates is entitled to be treated as an itinerant elector.

Notwithstanding anything contained in subsection 99(1) or (2), while a person is entitled to be treated as an itinerant elector by virtue of an annotation under subsection (2B) 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;

Where the Electoral Commissioner:

grants or refuses an application made under subsection (1); or

is of the opinion that an application made under that subsection cannot be proceeded with because of the operation of subsection (4);

If the Electoral Commissioner refuses an application made by a person under subsection (1), the notice under subsection (5) must also include notice of the person’s right to apply for review under Part X.

Where a person who has applied under subsection (1) to be treated as an itinerant elector:

resides in a Subdivision for a period of 1 month or longer; or

if subparagraph (1)(b)(ii) applied in relation to the application—ceases to be a homeless person; or

forms the intention to depart from Australia and to remain outside Australia for a period of 1 month or longer; or

ceases to be entitled to enrolment;

Subject to subsection (9), where a person who is being treated as an itinerant elector under this section resides in a Subdivision for a period of 1 month or longer, the person ceases to be eligible to be treated as an itinerant elector under this section on the expiration of that period of 1 month.

Paragraph (7)(a) and subsection (8) do not apply in relation to a homeless person.

Subject to subsection (9), if:

a person is being treated as an itinerant elector under this section because the person is a homeless person; and

the person ceases to be a homeless person;

A person ceases to be entitled to be treated as an itinerant elector under this section if:

the person ceases to be entitled to enrolment; or

the person departs from Australia and remains outside Australia for a period of 1 month or longer.

If the Electoral Commissioner adds the name of a person to the Roll for a Subdivision of a Division under this section and the Electoral Commissioner becomes aware that the person has ceased to be entitled to be treated as an itinerant elector under this section by virtue of subsection (8), (8B) or (9), he or she must:

if the person ceases to be entitled otherwise than because of paragraph (9)(b) and the Electoral Commissioner is aware that the person resides in the Division—cancel the annotation made in relation to the person under subsection (2B); 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 this section to be treated as an itinerant elector and before the person’s name is added to the Roll and an annotation under subsection (2B) 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 cease to be entitled to be treated as an itinerant elector under this section, 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 must 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 itinerant elector immediately after the name is added and the annotation is made.

For the purposes of this section, a person shall be taken to reside at a place if, and only if, the person has his or her real place of living at that place.

In this section:

a person living in:

crisis accommodation; or

transitional accommodation; and

a person who has inadequate access to safe and secure housing within the meaning of section 4 of the Supported Accommodation Assistance Act 1994.