Document ID: chunk:federal_register_of_legislation:C2025C00152:section:96:p2
Version: federal_register_of_legislation:C2025C00152
Segment Type: section
Provision Reference: s 96 (pt 2/3)
Character Range: 232522–235089

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), the notice under subsection (5) must also include notice of the person's right to apply for review under Part X.
 (7) Where a person who has applied under subsection (1) to be treated as an itinerant elector:
 (a) resides in a Subdivision for a period of 1 month or longer; or
 (aa) if subparagraph (1)(b)(ii) applied in relation to the application—ceases to be a homeless person; or
 (b) forms the intention to depart from Australia and to remain outside Australia for a period of 1 month or longer; or
 (c) ceases to be entitled to enrolment;
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), (aa), (b) or (c), as the case may be.
 (8) Subject to subsection (9), where a person who is being treated as an itinerant elector under this section resides in a Subdivision for a period of 1 month or longer, the person ceases to be eligible to be treated as an itinerant elector under this section on the expiration of that period of 1 month.
 (8A) Paragraph (7)(a) and subsection (8) do not apply in relation to a homeless person.
 (8B) Subject to subsection (9), if:
 (a) a person is being treated as an itinerant elector under this section because the person is a homeless person; and
 (b) the person ceases to be a homeless person;
the person ceases to be eligible to be treated as an itinerant elector under this section upon ceasing to be a homeless person.
 (9) A person ceases to be entitled to be treated as an itinerant elector under this section if:
 (b) the person ceases to be entitled to enrolment; or
 (c) the person departs from Australia and remains outside Australia for a period of 1 month or longer.
 (10) If the Electoral Commissioner adds the name of a person to the Roll for a Subdivision of a Division under this section and the Electoral Commissioner becomes aware that the person has ceased to be entitled to be treated as an itinerant elector under this section by virtue of subsection (8), (8B) or (9), he or she must:
 (a) if the person ceases to be entitled otherwise than because of paragraph (9)(b) and the Electoral Commissioner is aware that the person resides in the Division—cancel the annotation made in relation to the person under subsection (2B); or
 (b) in any other case—cancel