Territories Legislation Amendment Act 2016 (33 of 2016)

Schedule 4   Norfolk Island electoral arrangements

Part 2   Transitional provisions

52   Action in relation to enrolments on Australian Capital Territory Roll

(1) This item applies if, immediately before the commencement time, a person's name is on the Roll for the Division in the Australian Capital Territory that does not include the Jervis Bay Territory because of subsection 95AA(3) of theCommonwealth Electoral Act 1918 (as in force immediately before the commencement time).

(2) The Electoral Commissioner:

(a) must alter the person's enrolment by deleting the annotation made under section 95AC of theCommonwealth Electoral Act 1918(as in force immediately before the commencement time) in respect of the person's name from the Roll; and

(b) may make any additions, alterations or corrections to the Roll that are necessary to ensure that the Roll contains the person's particulars as required by section 83 of theCommonwealth Electoral Act 1918; and

(c) must notify the person in writing of:

(i) the action taken under paragraph (a); and

(ii) any action taken under paragraph (b).

(3) However, if the Electoral Commissioner is satisfied that the person is not entitled to be enrolled for the Division in the Australian Capital Territory that does not include the Jervis Bay Territory:

(a) subitem (2) does not apply; and

(b) the Electoral Commissioner must delete the annotation made under section 95AC of theCommonwealth Electoral Act 1918(as in force immediately before the commencement time) in respect of the person's name from the 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) or (b) 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 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.