Provisional claim for enrolment by applicant for citizenship
99A Provisional claim for enrolment by applicant for citizenship
A person who:
makes an application to become an Australian citizen under section 21 of the Australian Citizenship Act 2007; and
would, if he or she were an Australian citizen, be entitled, in respect of residence at an address, to enrolment for a subdivision;
may make a provisional claim for enrolment for that subdivision.
If a person who has made a provisional claim for enrolment for a subdivision, either under subsection (1) or under this subsection:
is living at an address in another subdivision; and
has lived at that address for the period of one month last past;
the person may make a provisional claim for enrolment for that other subdivision.
If a person makes a provisional claim for enrolment under subsection (2), any previous provisional claim for enrolment by that person has no effect.
A claim:
must be in the approved form; and
subject to subsection (5), must be signed by the claimant; and
must be lodged:
if the claim is made under subsection (1)—together with the claimant’s application to become an Australian citizen; or
if the claim is made under subsection (2)—with the Electoral Commissioner; and
must comply with section 98AA (evidence of identity requirements).
If:
a person wishes to make a provisional claim for enrolment; and
a registered medical practitioner has certified, in writing, that the person is so physically incapacitated that the person cannot sign the claim;
another person may, on behalf of the person, fill out and sign the claim in accordance with the directions of the first‑mentioned person.
The Secretary of the Immigration Department must:
send to the Electoral Commissioner, as soon as practicable, any provisional claim for enrolment lodged by a person under subparagraph (4)(c)(i); and
if the person becomes an Australian citizen as a result of the person’s application to become an Australian citizen—inform the Electoral Commissioner, as soon as practicable, that the person has become an Australian citizen.
If a person who has made a provisional claim for enrolment for a subdivision becomes an Australian citizen, the provisional claim is taken to be a claim for enrolment for the subdivision, made by the person on the day on which the person becomes an Australian citizen.
If a person who has made a provisional claim for enrolment is refused approval to become an Australian citizen, the provisional claim has no effect.
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