Document ID: chunk:federal_register_of_legislation:C2025C00152:section:38
Version: federal_register_of_legislation:C2025C00152
Segment Type: section
Provision Reference: s 38
Character Range: 75413–76249

38  Offices of Divisional Returning Officers
 (1) The office of a Divisional Returning Officer must be located within the Division, unless the Minister has given written authority for the office not to be so located.
 (2) However, subsection (1) does not apply if:
 (a) the office was located within a Division, but immediately after a redistribution of the State or Territory that includes the Division, the office is no longer located within the Division; and
 (b) either:
 (i) within a reasonable time, the Electoral Commissioner seeks written authority for the office not to be located within the Division; or
 (ii) the office is currently being relocated within the Division.
 (3) A written authority given under subsection (1) is not a legislative instrument.

Part III—Representation in the Parliament

Division 1AA—Preliminary