Arrangement with Commonwealth in relation to silent elector applications under s. 51B
31B Arrangement with Commonwealth in relation to silent elector applications under s. 51B
The Governor may arrange with the Governor General of the Commonwealth for the Australian Electoral Officer to perform the functions of the receipt, assessment and grant or refusal of applications to be a silent elector under section 51B.
An arrangement entered into under subsection (1) may provide that —
the Australian Electoral Officer shall be the officer to whom a person shall send an application under section 51B to be a silent elector, but that an application may be sent, or in specified circumstances and cases may be sent, to a Divisional Returning Officer or an Electoral Officer (within the meaning of those terms in the Commonwealth Electoral Act 1918) acting on behalf of the Australian Electoral Officer; and
the Australian Electoral Officer shall have the powers, functions and duties conferred on the Electoral Commissioner by section 51B; and
an application to be a silent elector under section 51B shall be in a form provided by the Electoral Commissioner and the Australian Electoral Officer for putting into effect a single procedure for the purpose of making an application under section 51B of this Act and the Commonwealth Electoral Act 1918 section 104.
Where an arrangement is entered into under subsection (1) the Governor may by order, which shall be published in the Gazette, declare that a single procedure is in operation for the purpose of making an application to be a silent elector under section 51B of this Act and the Commonwealth Electoral Act 1918 section 104 from such date as is specified in the order.
An order under subsection (3) —
shall be accompanied by an explanatory note indicating briefly the requirements of the procedure insofar as it affects the making of an application to be a silent elector under section 51B;
may contain such incidental or transitional provisions as the Governor considers necessary to give effect to this section;
may be revoked by the Governor by further order published in the Gazette.
An order under subsection (3), and the arrangement to which it relates shall have effect notwithstanding anything in this Act.
[Section 31B inserted: No. 76 of 1984 s. 6; amended: No. 40 of 1987 s. 84; No. 36 of 2000 s. 28(1) and 29; No. 30 of 2023 s. 25.]
[32, 33. Deleted: No. 36 of 2000 s. 28(1).]
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