Document ID: chunk:federal_register_of_legislation:C2025C00152:section:95:p1
Version: federal_register_of_legislation:C2025C00152
Segment Type: section
Provision Reference: s 95 (pt 1/4)
Character Range: 220965–223463

95  Eligibility of spouse, de facto partner or child of eligible overseas elector
 (1) Where a person:
 (a) who is the spouse, de facto partner or child of a person who is an eligible overseas elector by virtue of section 94 in relation to a Subdivision (in this subsection referred to as the relevant Subdivision);
 (b) who is living at a place outside Australia so as to be with or near the eligible overseas elector;
 (c) who had not attained 18 years of age when he or she last ceased to reside in Australia;
 (d) whose name is not, and has not been, on a Roll;
 (e) who is not qualified for enrolment under section 93 but would be so qualified if he or she resided at an address in a Subdivision of a Division; and
 (f) who intends to resume residing in Australia not later than 6 years after the day on which he or she attained 18 years of age;
applies to the Electoral Commissioner to have his or her name placed on the Roll for the relevant Subdivision and to be treated as an eligible overseas elector, the Electoral Commissioner shall, subject to subsection (4):
 (g) add the name of the person to the Roll for the relevant Subdivision; and
 (h) annotate the Roll for the relevant Subdivision so as to indicate that the person is an eligible overseas elector;
and, subject to subsections (7), (12) and (13), the person is entitled to be treated as an eligible overseas elector from the time when the annotation is made until it is cancelled.
 (2) An application:
 (a) must be in the approved form; and
 (b) must be signed by the applicant; and
 (c) must comply with section 98AA (evidence of identity requirements).
 (3) Notwithstanding anything contained in subsection 99(1) or (2), while a person is entitled to be treated as an eligible overseas elector by virtue of an annotation under subsection (1) to the Roll for a Subdivision, the person is entitled to:
 (a) have his or her name retained on the Roll for the Subdivision; and
 (b) vote as an elector of the Subdivision.
 (4) If:
 (a) an application under this section is received by the Electoral Commissioner after 8 pm on the day of the close of the Rolls for an election to be held in a Division; and
 (b) the application relates to a Subdivision of that Division;
the person's name must not be added to the Roll for the Subdivision, and the annotation of the Roll under subsection (1) in relation to the person must not be made, until after the close of the poll for that election.
 (5) The Electoral Commissioner must notify