People not entitled to vote and be enrolled
18 People not entitled to vote and be enrolled
A person is not entitled to vote in an election if the person —
is the subject of a lack of capacity notice; or
is not on the Commonwealth roll for this State under the ground specified in the Commonwealth Electoral Act 1918 section 93(8)(a); or
has been convicted of treason and has not been granted a pardon for the offence; or
is serving or is yet to serve a sentence of detention (imposed under the Young Offenders Act 1994), or imprisonment, of 1 year or longer; or
is serving or is yet to serve indefinite imprisonment imposed under the Sentencing Act 1995 Part 14; or
is subject to an order under section 279(5)(b) of The Criminal Code; or
is subject to an order under repealed section 19(6a)(a), 282(c)(iii) or (d)(ii), 653, 661, 662 or 693(4) of The Criminal Code; or
is a supervised person as defined in the Criminal Law (Mental Impairment) Act 2023 section 9(1); or
is the holder of a temporary visa for the purposes of the Migration Act 1958 (Commonwealth) or is an unlawful non‑citizen under that Act.
A person mentioned in subsection (1)(a), (aa), (b) or (d) is not entitled to be enrolled as an elector.
[Section 18 amended: No. 39 of 1934 s. 2; No. 58 of 1951 s. 3; No. 51 of 1962 s. 3; No. 68 of 1964 s. 6; No. 39 of 1979 s. 7; No. 78 of 1995 s. 35; No. 69 of 1996 s. 23; No. 34 of 2004 Sch. 2 cl. 8; No. 84 of 2004 s. 82; No. 64 of 2006 s. 18; No. 29 of 2008 s. 32; No. 7 of 2009 s. 7; No. 30 of 2023 s. 19; No. 10 of 2023 s. 338.]
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