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s 51A

Persons who lack capacity to vote not to be on register of electors

In force
Part IIIEnrolment
Division 5Miscellaneous

51A Persons who lack capacity to vote not to be on register of electors

(1)

The Electoral Commissioner must not include, or must remove, a person’s name from the register of electors if the person —

(a)

is the subject of a lack of capacity notice; or

(b)

is not on the Commonwealth roll for this State under the ground specified in the Commonwealth Electoral Act 1918 section 93(8)(a).

Note for this subsection:

Under section 18(1)(a) and (aa) and (2), a person is not entitled to vote in an election nor be enrolled as an elector if paragraph (a) or (b) of this subsection applies.

(2)

If the Electoral Commissioner takes action under subsection (1), the Electoral Commissioner must give the relevant person a notice stating —

(a)

the action taken; and

(b)

the reason the action has been taken; and

(c)

the effect of subsection (3).

(3)

A person whose name has not been included, or has been removed, from the register of electors under subsection (1) may be enrolled if —

(a)

subsection (1)(a) or (b) no longer apply to the person; and

(b)

the person is entitled to be enrolled; and

(c)

the person makes a claim for enrolment.

[Section 51A inserted: No. 30 of 2023 s. 41.]

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