Commonwealth Electoral Act 1918

Subject to section 93, a person who is serving a sentence of imprisonment is entitled to remain enrolled for the Subdivision (if any) for which the person was enrolled when he or she began serving the sentence.

An eligible person who is serving a sentence of imprisonment but who was not enrolled when he or she began serving the sentence is entitled to be enrolled for:

the Subdivision for which the person was entitled to be enrolled at that time;

if the person was not so entitled, a Subdivision for which any of the person’s next of kin is enrolled;

if neither of paragraphs (a) and (b) is applicable, the Subdivision in which the person was born; and

if none of the preceding paragraphs is applicable, the Subdivision with which the person has the closest connection.

In subsection (2), eligible person means a person who, under section 93, is entitled to enrolment.