Document ID: chunk:federal_register_of_legislation:C2004A04412:body:0:p3
Version: federal_register_of_legislation:C2004A04412
Segment Type: other
Provision Reference: 
Character Range: 5049–7805

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 the State; and

    (c) there is no decision by a court that the claimant is not one of those people;

then, for the purposes of section 95AA and subsection 95AC(2), a Divisional Returning Officer must take the claimant to be one of those people.

Rolls relating to Norfolk Island electors

"95AC.(1) A Divisional Returning Officer who, under section 95AA, causes the name of a person to be added to the Roll must annotate the Roll so as to indicate that the person is enrolled under that section.

"(2) A Divisional Returning Officer for a Division must conduct a review of the Roll for a Subdivision of that Division in relation to electors to whom an annotation under subsection (1) applies if directed to do so by the Electoral Commission and, upon completion of the

review, make such alterations to the Roll as he or she thinks necessary to ensure that persons on that Roll under section 95AA are entitled to be so.".

Itinerant electors

12. Section 96 of the Principal Act is amended by adding at the end the following subsection:

"(13) In this section:

'Australia' does not include Norfolk Island.".

Claims for enrolment or transfer of enrolment

13. Section 99 of the Principal Act is amended by inserting in subsection (3) "95AA," after "95,".

Compulsory enrolment and transfer

14. Section 101 of the Principal Act is amended:

(a) by omitting from subsection (1) "Every" and substituting "Subject to subsection (5A), every";

(b) by inserting after subsection (1) the following subsection:

    "(1A) A person who is entitled to be enrolled for any Subdivision under section 95AA may fill in and sign a claim and send or deliver it to any Divisional Returning Officer or Australian Electoral Officer.";

(c) by omitting from subsection (4) "Every" and substituting "Subject to subsection (5A), every";

(d) by omitting from subsection (5) "Where" and substituting "Subject to subsection (5A), where";

(e) by inserting after subsection (5) the following subsection:

    "(5A) Subsections (1), (4) and (5) do not apply to a qualified Norfolk Islander within the meaning of section 95AA.".

No State referendum or vote to be held on polling day

15. Section 394 of the Principal Act is amended by omitting subsection (2) and substituting the following subsection:

"(2) In this section:

'State' includes:

(a) the Australian Capital Territory; and

(b) the Northern Territory; and

(c) Norfolk Island.".

Consequential amendment

16. Section 9 of the Australian Capital Territory (Electoral) Act 1988 is amended by adding