Who is entitled to be enrolled and vote
17 Who is entitled to be enrolled and vote
Subject to the provisions of this Act, any person —
who is —
an Australian citizen; or
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
who has attained 18 years of age; and
who has lived in the same district for at least 1 month immediately before the enrolment,
is entitled —
to be enrolled; and
when so enrolled and while continuing to live in that district, to vote in —
any Council election; and
any election in the district.
Subsection (3) applies to a person if —
the person fulfils the requirements of subsection (1)(a) and (b); and
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
on the relevant day —
the person is not enrolled, or is not enrolled for the relevant district; and
the person presents at a place to vote.
Subject to sections 145(7) and 172(1)(c), the person is —
entitled to be enrolled for the relevant district; and
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
once the person is enrolled for the relevant district and while continuing to live in that district, entitled to vote in —
a Council election; and
an election in the district.
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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