Electoral Act 1907

If subsection (2) applies to a person who claims under section 96C(1) or 97A(1)(a) to vote in an election at a polling place, the person may, after making a prescribed declaration before an officer working at the polling place, vote as a provisional voter.

This subsection applies to the person if the name of the person is not on the roll for the district and —

the person’s name is on the register of electors for the district but has been omitted from the roll because of an error of an officer or a mistake of fact; or

the person’s name is not on the register of electors for the district because of an error of an officer or a mistake of fact; or

the person’s name was on the register of electors for the district but was removed under section 48 because of an error of an officer or a mistake of fact and —

the person’s name was not, to the best of their knowledge, removed from the register of electors due to objection to, or duplication of, their enrolment or because the person is not entitled to be enrolled for the district; and

from the time of the person’s enrolment for the district to the time of the close of the roll for the election, the person continuously retained their right to enrolment for the district;

a duly completed claim for the enrolment of the person for the district was received under section 42 before the close of the roll for the election and no circumstances existed after the sending or delivery of the claim that would have compelled or authorised an enrolment officer to —

reject the claim under section 47; or

remove the name of the person from the register of electors under section 48.