Document ID: chunk:federal_register_of_legislation:C2025C00152:section:99a
Version: federal_register_of_legislation:C2025C00152
Segment Type: section
Provision Reference: s 99A
Character Range: 244898–247462

99A  Provisional claim for enrolment by applicant for citizenship
 (1) A person who:
 (a) makes an application to become an Australian citizen under section 21 of the Australian Citizenship Act 2007; and
 (b) would, if he or she were an Australian citizen, be entitled, in respect of residence at an address, to enrolment for a subdivision;
may make a provisional claim for enrolment for that subdivision.
 (2) If a person who has made a provisional claim for enrolment for a subdivision, either under subsection (1) or under this subsection:
 (a) is living at an address in another subdivision; and
 (b) has lived at that address for the period of one month last past;
the person may make a provisional claim for enrolment for that other subdivision.
 (3) If a person makes a provisional claim for enrolment under subsection (2), any previous provisional claim for enrolment by that person has no effect.
 (4) A claim:
 (a) must be in the approved form; and
 (b) subject to subsection (5), must be signed by the claimant; and
 (c) must be lodged:
 (i) if the claim is made under subsection (1)—together with the claimant's application to become an Australian citizen; or
 (ii) if the claim is made under subsection (2)—with the Electoral Commissioner; and
 (d) must comply with section 98AA (evidence of identity requirements).
 (5) If:
 (a) a person wishes to make a provisional claim for enrolment; and
 (b) a registered medical practitioner has certified, in writing, that the person is so physically incapacitated that the person cannot sign the claim;
another person may, on behalf of the person, fill out and sign the claim in accordance with the directions of the first‑mentioned person.
 (6) The Secretary of the Immigration Department must:
 (a) send to the Electoral Commissioner, as soon as practicable, any provisional claim for enrolment lodged by a person under subparagraph (4)(c)(i); and
 (b) if the person becomes an Australian citizen as a result of the person's application to become an Australian citizen—inform the Electoral Commissioner, as soon as practicable, that the person has become an Australian citizen.
 (7) If a person who has made a provisional claim for enrolment for a subdivision becomes an Australian citizen, the provisional claim is taken to be a claim for enrolment for the subdivision, made by the person on the day on which the person becomes an Australian citizen.
 (8) If a person who has made a provisional claim for enrolment is refused approval to become an Australian citizen, the provisional claim has no effect.