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s 17

Who is entitled to be enrolled and vote

In force
Part IIIEnrolment
Division 1Entitlement to be elector

17 Who is entitled to be enrolled and vote

(1)

Subject to the provisions of this Act, any person —

(a)

who is —

(i)

an Australian citizen; or

(ii)

a person (other than an Australian citizen) who would, if the relevant citizenship law had continued in force, be a British subject within the meaning of that relevant citizenship law and who was at some time within 3 months, immediately preceding 26 January 1984, an elector of the Assembly or an elector, under a Commonwealth Act, of the Commonwealth Parliament;

and

(b)

who has attained 18 years of age; and

(c)

who has lived in the same district for at least 1 month immediately before the enrolment,

is entitled —

(d)

to be enrolled; and

(e)

when so enrolled and while continuing to live in that district, to vote in —

(i)

any Council election; and

(ii)

any election in the district.

(2)

Subsection (3) applies to a person if —

(a)

the person fulfils the requirements of subsection (1)(a) and (b); and

(b)

the person has lived in a district (the relevant district) for a period of at least 1 month ending immediately before the day (the relevant day) on which the person intends to vote in an election in the relevant district or a Council election (the election); and

(c)

on the relevant day —

(i)

the person is not enrolled, or is not enrolled for the relevant district; and

(ii)

the person presents at a place to vote.

(3)

Subject to sections 145(7) and 172(1)(c), the person is —

(a)

entitled to be enrolled for the relevant district; and

(b)

if the person makes a claim for enrolment, or a claim for enrolment or transfer of enrolment under the Commonwealth Electoral Act 1918 to be enrolled on a Commonwealth roll for this State, entitled to vote in the election on the relevant day as a provisional voter under section 97G; and

(c)

once the person is enrolled for the relevant district and while continuing to live in that district, entitled to vote in —

(i)

a Council election; and

(ii)

an election in the district.

(4)

A member of the Assembly and the member’s spouse may claim to be enrolled for the district that the member represents.

[(4a)-(5) deleted]

[Section 17 inserted: No. 33 of 1964 s. 6; amended: No. 33 of 1967 s. 3; No. 94 of 1970 s. 3; No. 39 of 1979 s. 6; No. 9 of 1983 s. 4 and 30; No. 104 of 1985 s. 4; No. 40 of 1987 s. 26 and 84; No. 79 of 1987 s. 3; No. 36 of 2000 s. 32(1); No. 64 of 2006 s. 16; No. 7 of 2009 s. 5; No. 14 of 2016 s. 6; No. 20 of 2021 s. 24; No. 30 of 2023 s. 15.]

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