Document ID: chunk:federal_register_of_legislation:C2016A00033:clause:4_51
Version: federal_register_of_legislation:C2016A00033
Segment Type: clause
Provision Reference: sch 4 cl 51
Character Range: 25181–27656

51  Action in relation to enrolments on State and Northern Territory Rolls
(1) This item applies if, immediately before the commencement time, a person's name is on the Roll (the old Roll) for a Division in a State or the Northern Territory because of subsection 95AA(2) or (3) of the Commonwealth Electoral Act 1918 (as in force immediately before the commencement time).
(2) The Electoral Commissioner must:
 (a) transfer the person's name by:
 (i) deleting the person's name from the old Roll; and
 (ii) deleting the annotation made under section 95AC of the Commonwealth Electoral Act 1918 (as in force immediately before the commencement time) in respect of the person's name from the old Roll; and
 (iii) entering the person's name and other particulars required by section 83 of the Commonwealth Electoral Act 1918 on the Roll (the new Roll) for the Division in the Australian Capital Territory that does not include the Jervis Bay Territory; and
 (b) notify the person in writing of the actions taken under paragraph (a).
(3) However, if the Electoral Commissioner is satisfied that the person is not entitled to be enrolled on the new Roll:
 (a) subitem (2) does not apply; and
 (b) the Electoral Commissioner must delete the annotation made under section 95AC of the Commonwealth Electoral Act 1918 (as in force immediately before the commencement time) in respect of the person's name from the old Roll; and
 (c) if the rules require or permit the Electoral Commissioner to take specified action in relation to the person's enrolment, the Electoral Commissioner must or may (as the case may be) take that action; and
 (d) the Electoral Commissioner must notify the person in writing of:
 (i) the action taken under paragraph (b); and
 (ii) any action taken under paragraph (c).
(4) Despite subitem (2), the Electoral Commissioner must not take an action under paragraph (2)(a) within a period:
 (a) starting at 8 pm on the day of the close of the new Roll for an election to be held in the Division in the Australian Capital Territory that does not include the Jervis Bay Territory; and
 (b) ending on the close of the poll for the election.
(5) Despite subitem (3), the Electoral Commissioner must not take an action under paragraph (3)(b) or (c) in relation to a Roll for a Division within a period:
 (a) starting at 8 pm on the day of the close of the Roll for an election to be held in the Division; and
 (b) ending on the close of the poll for the election.