Electoral Act 1992

A person is entitled to be enrolled for an electoral district if the person—

either—

is entitled to be enrolled under the Commonwealth Electoral Act for the purposes of that Act in its application in relation to an election within the meaning of that Act; or

is not so entitled, but was entitled to be enrolled under the Elections Act 1983 on 31 December 1991; and

lives in the electoral district and has lived in it for the last month.

However, despite subsection (1)(b), a person serving a sentence of imprisonment or detention to whom subsection (1)(a) applies is entitled to be enrolled for—

the first of the following electoral districts that applies for the person—

the electoral district for which the person was enrolled immediately before the person started to serve the sentence;

the electoral district for which the person was entitled to be enrolled immediately before the person started to serve the sentence;

an electoral district for which any of the person’s next of kin is enrolled;

the electoral district in which the person was born; or

if none of the electoral districts mentioned in paragraph (a) applies for the person—the electoral district to which the person has the closest connection.

Also, subsection (1)(b) does not deny a person the entitlement to be enrolled for an electoral district if the person did not live in the electoral district for the last month merely because the person was detained in lawful custody for a reason other than to serve a sentence of imprisonment or detention.

In addition, if a member of the Legislative Assembly gives notice to the commission, in the form and way approved by the commission, that the member wishes to be enrolled for the electoral district that the member represents, the member is entitled to be enrolled for that electoral district instead of the one applicable under subsection (1).

Also, a member of the Legislative Assembly may be enrolled for an electoral district (the other district) other than the district that the member represents (the member’s district) if, because of an electoral redistribution, the other district contains at least half of the electors who were enrolled for the member’s district when the commission calculated the average number of enrolled electors for electoral districts for section 45(1).

For subsection (2), a person is serving a sentence of imprisonment or detention only if—

the person is in detention on a full-time basis for an offence against a law of the Commonwealth or a State; and

the detention is attributable to the sentence of imprisonment or detention concerned.

In this section—next of kin see the Commonwealth Electoral Act, section 4(1).