Document ID: chunk:federal_register_of_legislation:C2025C00152:section:94:p1
Version: federal_register_of_legislation:C2025C00152
Segment Type: section
Provision Reference: s 94 (pt 1/4)
Character Range: 210162–212804

94  Enrolled voters leaving Australia
 (1) An elector who:
 (a) is enrolled for a particular Subdivision of a Division; and
 (b) has ceased to reside in Australia, or intends to cease to reside in Australia; and
 (c) intends to resume residing in Australia (whether in that Subdivision or elsewhere) not later than 6 years after ceasing to reside in Australia;
may apply to be treated as an eligible overseas elector. The application must be in the approved form and signed by the elector, and must be made to the Electoral Commissioner.
 (1A) An application that is made while the elector still resides in Australia must be made within 3 months before the elector intends to cease to reside in Australia.
 (1B) An application that is made after the elector ceased to reside in Australia must be made within 3 years after the day on which the elector ceased to reside in Australia.
 (2) Where an application is made under subsection (1):
 (a) the Electoral Commissioner must annotate the Roll so as to indicate that the elector is an eligible overseas elector; and
 (b) subject to this section, the elector is entitled to be treated as an eligible overseas elector from the time when the annotation is made until it is cancelled.
 (3) Notwithstanding anything in subsection 99(1) or (2), while a person is entitled to be treated as an eligible overseas elector by virtue of an annotation under subsection (2) 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) Where a person applies under subsection (1) to the Electoral Commissioner to be treated as an eligible overseas elector and the person's name is not on the Roll for a Subdivision of the Division, the Electoral Commissioner shall refuse the application and give notice in writing of the decision to the person making the application.
 (5) A person who has applied under subsection (1) shall, as soon as practicable, give written notice to the Electoral Commissioner of the occurrence of any of the following circumstances:
 (a) the person does not cease to reside in Australia within 3 months after the day on which the application was made;
 (b) within 6 years after ceasing to reside in Australia, the person again becomes resident in Australia;
 (c) the person abandons the intention to become resident again in Australia within 6 years after ceasing to reside in Australia;
 (d) the person ceases to be entitled to enrolment.
 (6) Subject to subsection (13), if a person who is an eligible overseas elector does not cease to reside in Australia within