Document ID: chunk:federal_register_of_legislation:C2025C00152:section:96:p1
Version: federal_register_of_legislation:C2025C00152
Segment Type: section
Provision Reference: s 96 (pt 1/3)
Character Range: 230137–232768

96  Itinerant electors
 (1) A person who:
 (a) is in Australia; and
 (b) is not entitled to be enrolled for any Subdivision because:
 (i) the person does not reside in any Subdivision; or
 (ii) the person is a homeless person;
may apply to the Electoral Commissioner for enrolment under this section for a Subdivision.
 (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), if that section applies to the application.
 (2A) The Electoral Commissioner must add the name of the applicant to the Roll:
 (a) for the Subdivision for which the applicant last had an entitlement to be enrolled;
 (b) if the person has never had such an entitlement, for a Subdivision for which any of the applicant's next of kin is enrolled;
 (c) if neither paragraph (a) nor paragraph (b) applies, for the Subdivision in which the applicant was born; or
 (d) if none of paragraphs (a), (b) and (c) applies, for the Subdivision with which the applicant has the closest connection.
 (2B) The Electoral Commissioner shall also annotate the Roll so as to indicate that the person is an itinerant elector.
 (2C) Until an annotation under subsection (2B) is cancelled, the person to whom the annotation relates is entitled to be treated as an itinerant elector.
 (3) Notwithstanding anything contained in subsection 99(1) or (2), while a person is entitled to be treated as an itinerant elector by virtue of an annotation under subsection (2B) 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 (2B) in relation to the person must not be made, until after the close of the poll for that election.
 (5) Where the Electoral Commissioner:
 (a) grants or refuses an application made under subsection (1); or
 (b) is of the opinion that an application made under that subsection cannot be proceeded with because of the operation of subsection (4);
the Electoral Commissioner shall notify the applicant in writing of that decision or opinion, as the case may be.
 (6) If the Electoral Commissioner refuses an application made by a person under subsection (1),