Document ID: chunk:federal_register_of_legislation:C2004A00802:clause:1_81:p1
Version: federal_register_of_legislation:C2004A00802
Segment Type: clause
Provision Reference: sch 1 cl 81 (pt 1/2)
Character Range: 28803–31193

81  Inappropriate names already included in Rolls

    (1) This item applies if:
 (a) before sections 93A and 98A of the Commonwealth Electoral Act 1918 (the CEA) commence, a person's name (the current name) is included in a Roll, or transferred to a Roll, under a provision of the CEA; and
 (b) a Divisional Returning Officer (the DRO) or Australian Electoral Officer (the AEO) is of the view that if he or she were considering, after sections 93A and 98A of the CEA commence, whether to cause the current name to be included in, or transferred to, the Roll under the same provision, the DRO or AEO would refuse, under either of those sections, to cause the name to be included or transferred.

(2) If:
 (a) there is another name under which the person has been included in a Roll; and
 (b) the DRO or AEO is of the view that if he or she were considering, after sections 93A and 98A of the CEA commence, whether to cause the other name to be included in the Roll or transferred to the Roll, the DRO or AEO would not refuse, under either of those sections, to cause it to be included or transferred;

 the DRO or AEO must cause the person's current name to be removed from the Roll and replaced with the other name. If there is more than one other name to which paragraphs (a) and (b) apply, the current name must be replaced with the other name that was most recently included in the Roll.

(3) If there is no name to which paragraphs (2)(a) and (b) apply, the DRO or AEO must request in writing that the person provide, within 20 days after the request is made, written evidence of a name, other than the current name, by which the person is or has been generally known in the community.

(4) If a person complies with a request under subitem (3) and the DRO or AEO:
 (a) is satisfied that the person is or has been generally known in the community by a name other than the current name; and
 (b) is of the view that if he or she were considering, after sections 93A and 98A of the CEA commence, whether to cause the name by which the person is or has been generally known in the community to be included in the Roll or transferred to the Roll, the DRO or AEO would not refuse, under either of those sections, to cause it to be included or transferred;

 the DRO or AEO must cause the person's current name to be removed from the Roll and replaced with the name by which the person is or