Electoral Act 1907

For the purposes of section 44A(1), a claim complies with this section if it includes —

the surname and given names in full of the claimant; and

the claimant’s primary residential address in accordance with subsection (2) or (3); and

subject to subsection (4), the date of birth of the claimant.

If the claimant’s primary residential address is within a local government district or townsite, the name of the street and the number of the house, if numbered, must be stated, and if not numbered, such particulars must be given as, in the opinion of the enrolment officer, are sufficient to enable the exact locality of the claimant’s primary residential address to be ascertained.

If the claimant’s primary residential address is not within a local government district or townsite, the claimant’s address must be stated with such particulars as are, in the opinion of the enrolment officer, sufficient to enable the exact locality of the claimant’s primary residential address to be ascertained.

A claimant need not comply with subsection (1)(c) if —

the claimant is entitled to be enrolled under section 17AA(1) and section 17AA(3) applies to the claimant; or

in any other case —

the claimant is unable to include in their claim the date of birth because it is not known to them; and

the claim contains a statement to that effect; and

a person who may attest as to the claimant’s identity under the Commonwealth Electoral Act 1918 section 98AA(2)(c), in relation to an application or claim to which that section applies, certifies in writing that they are satisfied that the claimant is not under 18 years of age.

[Section 44 amended: No. 44 of 1911 s. 14 and 43; No. 63 of 1948 s. 7; No. 33 of 1964 s. 16; No. 68 of 1964 s. 8; No. 33 of 1967 s. 6; No. 94 of 1970 s. 4; No. 39 of 1979 s. 9; No. 31 of 1982 s. 4; No. 9 of 1983 s. 9; No. 79 of 1987 s. 9; No. 14 of 1996 s. 4; No. 36 of 2000 s. 28(2); No. 35 of 2012 s. 10; No. 30 of 2023 s. 34.]

44A. Enrolment of claimants and rejection of claims

A claim is in order for the purposes of this section if it complies with sections 42(1)(b) and (ca) and 44.

The enrolment officer must enrol a claimant if the claimant’s claim —

is in order and is not objected to by the enrolment officer under section 47; or

although it is not in order on receipt by the enrolment officer, is —

rectified as mentioned in subsection (5); and

not objected to by the enrolment officer under section 47.

After enrolling the claimant under subsection (2), the enrolment officer must give the claimant a notice stating that —

the claimant has been enrolled; and

if the claimant is enrolled under section 17AA(1) —

the claimant is taken to be a silent elector under section 17AA(2)(c); and

unless the claimant applies to be a silent elector under section 51B, the claimant will no longer be a silent elector when the claimant attains 18 years of age.

If a claim is not in order the enrolment officer must —

reject it and give notice of the rejection to the claimant in the prescribed form; or

make enquiries or seek further information under subsection (5).

The enrolment officer may exercise any power mentioned in subsection (3) notwithstanding that the power is for the time being vested also in the Australian Electoral Officer for this State pursuant to section 31.

If a part of a claim is not in order but the enrolment officer considers that any defect in that part may be able to be rectified as a result of the making of enquiries or the seeking of further information or otherwise, the enrolment officer may, for that purpose and without prejudice to enrolment as provided in subsection (2)(b), defer rejection of the claim until the enrolment officer considers it is no longer expedient to seek to have the claim rectified.

[Section 44A inserted: No. 9 of 1983 s. 10; amended: No. 36 of 2000 s. 28(1) and (2); No. 35 of 2012 s. 11; No. 30 of 2023 s. 35.]