Commonwealth Electoral Legislation Amendment Act 1983 No. 144 of 1983 - SECT. 
23. 
Persons entitled to enrolment and to vote 

SECT


  23. Section 39 of the Principal Act is amended-

         (a)  by omitting from sub-section (1) ''Subject to the
disqualification set out in this Part, all persons not under eighteen years of
age, whether male or female, married or unmarried'' and substituting ''Subject
to sub-sections (5) and (6) and to Part VII, all persons'';

         (b)  by omitting paragraph (1) (a) and substituting the following
paragraph:

            ''(a) who have attained 18 years of age; and'';

         (c)  by omitting from sub-section (1) ''subject to the provisions of
Part VII of this Act'';

         (d)  by omitting sub-sections (3) and (4) and substituting the
following sub-sections:

            ''(2) Subject to sub-sections (3), (3A), (3B) and (4), an elector
whose name is on the Roll for a Division is entitled to vote at elections of
Members of the Senate for the State that includes that Division and at
elections of Members of House of Representatives for that Division.

            ''(3) An elector-

        (a)  whose name has been placed on a Roll in pursuance of a claim made
under section 41A; and

        (b)  who has not attained 18 years of age on the date fixed for the
polling in an election,

           is not entitled to vote at that election.

            ''(3A) Notwithstanding section 41A or any enrolment in pursuance
of a claim made under that section, for the purposes of this Act in its
application in relation to an election, a person who has not attained 18 years
of age on the date fixed for the polling in that election shall not be taken
to be-

            (a)  entitled to be enrolled on a Roll; or

            (b)  enrolled on a Roll.

            ''(3B) A person is not entitled to vote more than once at any
Senate election or any House of Representatives election, or at more than one
election for the Senate or for the House of Representatives held on the same
day.

            ''(4) An elector, other than a relevant elector, is not entitled
to vote at an election as an elector of the Division in respect of which he is
enrolled unless his real place of living was, at some time within the 3 months
immediately preceding polling day for that election, within that Division.'';
and

         (e)  by adding at the end thereof the following sub-sections:

            ''(6) A person who-

        (a)  by reason of being of unsound mind, is incapable of understanding
the nature and significance of enrolment and voting;

        (b)  has been convicted and is under sentence for an offence
punishable under the law of the Commonwealth or of a State or Territory by
imprisonment for 5 years or longer; or

        (c)  has been convicted of treason or treachery and has not been
pardoned,

           is not entitled to have his name placed on or retained on any Roll
or to vote at any Senate election or House of Representatives election.

            ''(7) In sub-section (4)-

        'real place of living', in relation to a person, includes the place of
living to which the person, when temporarily living elsewhere, has a fixed
intention of returning for the purpose of continuing to live at that place;

        'relevant elector' means-

           (a)  an Antarctic elector;

           (b)  an eligible overseas elector; or

           (c)  an itinerant elector.

            ''(8) The reference in sub-section (6) to treason or treachery
includes a reference to treason or treachery committed in relation to the
Crown in right of a State or the Northern Territory or in relation to the
government of a State or the Northern Territory.''.