s 51B

Silent electors

In force

(1)

A person may apply to the Electoral Commissioner to be a silent elector if the person —

(a)

is an elector or is claiming enrolment; and

(b)

considers that having the person’s electoral address shown on a roll or a register extract places, or would place, the personal safety of that person, or members of the family of that person, at risk (the relevant risk).

(2)

An application under subsection (1) must —

(a)

be in the approved form; and

(b)

state the particulars of the relevant risk; and

(c)

be verified by statutory declaration either by the person making the application or another person.

(3)

If the Electoral Commissioner is satisfied of the relevant risk, the Electoral Commissioner must —

(a)

grant the application; and

(b)

give the person a written notice stating the decision; and

(c)

indicate in the register of electors the person’s status as a silent elector.

(4)

If the Electoral Commissioner is not satisfied of the relevant risk, the Electoral Commissioner must —

(a)

refuse the application; and

(b)

give the person a written notice stating —

(i)

the decision; and

(ii)

the reasons for the decision.

Notes for this section:

1. Under section 62A(2)(b)(ii), a register extract must not include a silent elector’s electoral address.

2. Under sections 76AA(5) and 76AC(3)(d), rolls prepared under those sections must not include a silent elector’s electoral address.

[Section 51B inserted: No. 30 of 2023 s. 43.]

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