Document ID: chunk:federal_register_of_legislation:C2025C00152:section:95:p3
Version: federal_register_of_legislation:C2025C00152
Segment Type: section
Provision Reference: s 95 (pt 3/4)
Character Range: 225559–228168

(a) is being treated as an eligible overseas elector in relation to a Subdivision for a further period (in this subsection referred to as the relevant period) of 1 year in pursuance of an application made under subsection (8) or under this subsection; and
 (b) intends to resume residing in Australia;
applies, within 3 months before the expiration of the relevant period, to the Electoral Commissioner to be treated as an eligible overseas elector for a further period of 1 year commencing on the expiration of the relevant period, the Electoral Commissioner shall annotate the Roll for that Subdivision so as to indicate that the eligible overseas elector is to be treated as an eligible overseas elector for that further period of 1 year.
 (10) An application under subsection (8) or (9) shall be in writing and signed by the applicant.
 (11) Where a person who is being treated as an eligible overseas elector in pursuance of an application made under subsection (8) or (9):
 (a) resumes residing in Australia; or
 (b) ceases to have the intention to resume residing in Australia;
the person shall, as soon as practicable, give notice in writing to the Electoral Commissioner of the happening of the event referred to in paragraph (a) or (b), as the case may be.
 (12) Subject to subsection (13), where a person who is being treated as an eligible overseas elector in pursuance of an application made under subsection (8) or (9) resumes residing in Australia, the person ceases to be entitled to be treated as an eligible overseas elector under this section on the expiration of 1 month after the day on which he or she resumes residing in Australia.
 (13) A person ceases to be entitled to be treated as an eligible overseas elector under this section if:
 (a) the person gives notice under paragraph (6)(b) and does not make an application under subsection (8);
 (b) the person gives notice under paragraph (11)(b);
 (c) while the person is being so treated, a general election is held at which the person neither votes nor applies for a postal vote;
 (d) the person ceases to be entitled to enrolment;
 (e) except where:
 (i) the person has given notice under paragraph (6)(b); or
 (ii) the person has made an application under subsection (8);
  the period of 6 years commencing on the day on which the person attained the age of 18 years expires; or
 (f) in a case where:
 (i) the person is being treated as an eligible overseas elector in pursuance of an application made under subsection (8) or (9) for a further period (in this paragraph referred to as the relevant period) of 1 year; and
 (ii) the