COMMONWEALTH ELECTORAL ACT 1918
- SECT 94A
Enrolment from outside Australia

(1) A person may apply to the Australian Electoral Officer for a State for enrolment for a Subdivision in that State if, at the time of making the application:

(a)

the person has ceased to reside in Australia; and

(b)

the person is not enrolled; and

(c)

the person is not qualified for enrolment, but would be so qualified if he or she resided at an address in a Subdivision of a Division, and had done so for at least a month; and

(d)

the person intends to resume residing in Australia not later than 6 years after he or she ceased to reside in Australia.

(2) The application:

(a)

must be in the approved form; and

(b)

must be signed by the person; and

(c)

must be attested to by a person referred to in paragraph 98(2)(c) (but see subsection (2A)); and

(d)

must be made within 3 years of the day on which the person making the application ceased to reside in Australia.

(2A) An application that does not meet the requirement in paragraph (2)(c) is taken to meet that requirement for the purposes of this Act if:

(a)

the application is accompanied by a signed statement by the person making the application setting out why the person was unable to meet the requirement; and

(b)

the Australian Electoral Officer is satisfied that the person made reasonable efforts to comply with the requirement; and

(c)

the application is accompanied by a photocopy, that is certified by the person to be a true copy, of a part of the person's passport that includes:

(i)

the country and date of issue and the number of the passport; and

(ii)

the person's name, date of birth and signature; and

(iii)

a photograph of the person.

(3) The Australian Electoral Officer must cause the person's name to be added to the Roll:

(a)

for the Subdivision for which the person last had an entitlement to be enrolled; or

(b)

if the person has never had such an entitlement, for a Subdivision for which any of the person's next of kin is enrolled; or

(c)

if neither paragraph (a) nor (b) applies, for the Subdivision in which the person was born; or

(d)

if none of paragraphs (a), (b) and (c) applies, the Subdivision with which the person has closest connection.

(4) If:

(a)

the application was received by an Australian Electoral Officer after 8 pm on the day of the close of the Rolls for an election to be held in a Division; and

(b)

the application relates to a Subdivision of that Division;

the person's name must not be added to the Roll for the Subdivision until after the close of the poll for that election.

(5) The Australian Electoral Officer must notify the person in writing:

(a)

of a decision to grant or refuse the application; or

(aa)

of a decision to refuse the application because it:

(i)

does not meet the requirement in paragraph (2)(c); and

(ii)

is not taken to meet that requirement because of subsection (2A); or

(b)

of the Australian Electoral Officer's opinion that the application cannot be proceeded with because of subsection (4).

(6) If the application is granted, the Australian Electoral Officer must forward the application to the relevant Divisional Returning Officer, who must treat the application as if it were a valid application under subsection 94(1) by the person to be treated as an eligible overseas elector.