Document ID: chunk:federal_register_of_legislation:C2004A04412:body:0:p2
Version: federal_register_of_legislation:C2004A04412
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Character Range: 2575–5264

in subsection (17) the following definition:

" 'Australia' does not include Norfolk Island;".

11. After section 95 of the Principal Act the following sections are inserted:

Norfolk Island electors

"95AA.(1) In this section:

'exclusive Territory' means an internal Territory that neither:

(a) includes another Territory; nor

(b) is included in another Territory;

under section 4 (if any);

'inclusive Territory' means an internal Territory that, under section 4, includes another Territory;

'one-Territory Division' means:

(a) a Division that is an exclusive Territory; or

(b) a Division that is one of the Divisions into which an exclusive Territory is distributed; or

(c) a Division that:

(i) is one of the Divisions into which an inclusive Territory is distributed; and

(ii) does not include a Territory that, under section 4, is included in that inclusive Territory;

'qualified Norfolk Islander' means a person who:

    (a) resides in Norfolk Island; and

    (b) would be qualified for enrolment under section 93 if he or she lived in a Subdivision and had so lived for a period of one month last past; and

    (c) is not entitled to be enrolled for a Subdivision under section 94 or 95;

'State' does not include a Territory;

'Territory' means:

    (a) an internal Territory; or

    (b) an external Territory.

"(2) Subject to subsection (4), a qualified Norfolk Islander who is one of the people of a State for the purposes of sections 7 and 24 of the Constitution is entitled to be enrolled for:

    (a) the Subdivision in that State for which he or she last had an entitlement to be enrolled; or

    (b) if he or she never had such an entitlement—a Subdivision in that State for which any of his or her next of kin is enrolled; or

    (c) if neither paragraph (a) nor (b) applies—the Subdivision in that State in which he or she was born; or

    (d) if none of paragraphs (a), (b) and (c) applies—a Subdivision in that State with which he or she has a close connection.

"(3) Subject to subsection (4), a qualified Norfolk Islander who is not one of the people of any State for the purposes of sections 7 and 24 of the Constitution is entitled to be enrolled for a Subdivision of a one-Territory Division.

"(4) A qualified Norfolk Islander is not entitled to be enrolled for more than one Subdivision at the same time.

Presumption about certain Norfolk Island electors

"95AB. If:

    (a) a qualified Norfolk Islander (within the meaning of section 95AA) claims to be one of the people of a State for the purposes of sections 7 and 24 of the Constitution; and

    (b) at least one paragraph of subsection 95AA(2) applies in relation to the claimant and