Document ID: chunk:federal_register_of_legislation:C2008C00455:clause:1_38:p1
Version: federal_register_of_legislation:C2008C00455
Segment Type: clause
Provision Reference: sch 1 cl 38 (pt 1/2)
Character Range: 50525–53185

38  Provisional enrolment by applicant for citizenship

Application by those about to become Australian citizens

 (1) A person may apply to a Divisional Returning Officer for provisional enrolment for a Subdivision if, at the time of making the application:
 (a) either:
 (i) a public announcement has been made of the proposed voting day for a referendum; or
 (ii) a writ for a referendum has been issued; and
 (b) the voting day for the referendum is not the same as that fixed for the polling at an election; and
 (c) the person has been notified by the Immigration Department that the person will be granted a certificate of Australian citizenship under section 13 of the Australian Citizenship Act 1948 between:
 (i) the day of the issue of writ; and
 (ii) the voting day for the referendum; and
 (d) the person is not enrolled; and
 (e) the person is not qualified for enrolment, but would be so qualified if he or she were an Australian citizen.

Note 1: A person who is provisionally enrolled under this section is not immediately added to a Roll but can cast a postal, pre‑poll, absent or provisional vote. However, the vote is excluded from further scrutiny if the person does not provide evidence of citizenship by the first Friday following the voting day (see paragraph 6 of Schedule 4).

Note 2: A person may make a similar application under section 99B of the Commonwealth Electoral Act 1918 if the voting day for the referendum is the same as that fixed for the polling at an election.

Requirements for application

 (2) An application must:
 (a) be in the approved form; and
 (b) be signed by the person (but see subsection (3)); and
 (c) be made between the following times:
 (i) the earlier of the public announcement of the proposed voting day for the referendum and the day of the issue of the writ;
 (ii) 8 pm on the day of the close of the Rolls for the referendum; and
 (d) in accordance with subsection (4), be supported by evidence of the Immigration Department's notification.

 (3) A person may fill out and sign an application under this section, on behalf of another person (the applicant), in accordance with the directions of the applicant if:
 (a) the applicant wishes to make the application; and
 (b) a registered medical practitioner has certified, in writing, that the applicant is so physically incapacitated that the applicant cannot sign the application.

 (4) For the purposes of paragraph (2)(d), an application is supported by evidence of the Immigration Department's notification if:
 (a) all of the following apply:
 (i) the original notification is shown to an officer;
 (ii) the officer attests that he or she