Electoral Regulations 1996

A person entitled to enrolment as an elector is to fill in, sign and send to the Electoral Commissioner a claim in the form of Form 2 in Schedule 3.

Where it appears to the Electoral Commissioner that the name of a person who is qualified to be enrolled as an elector on a roll under the Act is not so enrolled the Electoral Commissioner is to —

notify that person in writing that —

that person is required to fill in, sign and send to the Electoral Commissioner, within the period specified in the notice, a claim for enrolment in accordance with section 45 of the Act; and

no claim or notice in writing for enrolment in respect of that person’s present address has been received by the Electoral Commissioner or on the Electoral Commissioner’s behalf subsequently to the last known date of the breach of section 45(1) or (2) of the Act; and

a penalty (not exceeding $50) may be imposed under section 45 of the Act for the breach and advising that upon payment of the penalty and lodgement of a claim or notice in writing by that person within a specified time no further action in respect of the breach will be taken; and

should the penalty not be paid and a claim or notice in writing for enrolment not be lodged with or on behalf of the Electoral Commissioner within the specified time, the Electoral Commissioner may institute proceeding before a court of summary jurisdiction for a breach of section 45(1) or (2) of the Act;

provide a copy of Form 4 in Schedule 3 to the person and inform the person of their rights under subregulation (3).

If a person against whom action has been taken under subregulation (2) believes that the person is not in breach of section 45(1) or (2) of the Act that person may complete and sign a declaration in accordance with Form 4 within the period specified in the notice under subregulation (2) and return it to the Electoral Commissioner who may then decide to discontinue the action under subregulation (2) or to confirm that action and advise that person accordingly.

No action taken under subregulation (2) against a person prevents any further like action should a breach of section 45(1) or (2) of the Act appear to the Electoral Commissioner to continue on the part of that person.