Electoral Amendment Act 2014

22 New sections 89A to 89G and cross-headings inserted
  • After section 89, insert:

    89A Notice of registration
    • The Registrar must, not later than 14 days after the registration of a person as an elector, deliver to that person personally, or send to that person by post, written notice of the registration.

    Change of address

    89B Elector must give notice of change of place of residence within electoral district
    • (1) This section applies to an elector who, being registered as an elector of an electoral district, changes his or her place of residence within that district.

      (2) The elector must, within 2 months after the date on which he or she changed his or her place of residence, give notice of—

      • (a) the change of his or her place of residence; and

      • (b) the address of the new place of residence.

      (3) Notice under subsection (2) must be given—

      • (a) in writing to the Registrar for the electoral district in which the elector resides; or

      • (b) in an approved electronic medium.

      (4) An elector who has a physical or mental impairment may give notice under subsection (2) through a representative, and section 86 applies with any necessary modifications.

      (5) On receiving a notice under subsection (2), a Registrar must—

      • (a) amend the roll to record the change in the elector's place of residence; and

      • (b) give confirmation to the elector, in accordance with section 94A, of that amendment.

      (6) An elector who knowingly and wilfully fails to comply with subsection (2)—

      • (a) commits an offence and is liable on conviction to a fine—

        • (i) not exceeding $50 on a first conviction; and

        • (ii) not exceeding $100 on any subsequent conviction; but

      • (b) is not, by reason only of that failure, disqualified from voting at an election in the electoral district in which he or she is registered.

      (7) Despite subsection (6), an elector who gives notice of the matters specified in subsection (2) after the expiry of the period referred to in that subsection but before the commencement of a prosecution is not liable for prosecution for his or her earlier failure to give notice.

    89C Elector must give notice of change of place of residence to different electoral district
    • (1) This section applies to an elector who, being registered as an elector of an electoral district, changes his or her place of residence to a different electoral district (the new electoral district).

      (2) After continuously residing in the new electoral district for a period of 1 month, the elector must, before the end of a further 1-month period, give notice of—

      • (a) the change in his or her place of residence; and

      • (b) the address of his or her new place of residence.

      (3) Notice under subsection (2) must be given—

      • (a) in an approved electronic medium; or

      • (b) by applying, under section 83, to Registrar B for registration as an elector; or

      • (c) in writing (personally, or through an agent) to—

        • (i) Registrar B; or

        • (ii) Registrar A.

      (4) An elector who has a physical or mental impairment may give notice under subsection (2) through a representative, and section 86 applies with any necessary modifications.

      (5) If notice under subsection (2) is given by an elector in the manner permitted by subsection (3)(a), Registrar B must—

      • (a) register that elector, in accordance with section 89, on roll B; and

      • (b) give notice of that registration to—

        • (i) the elector, in accordance with section 89A; and

        • (ii) Registrar A, who must, in accordance with section 98(1)(a), remove the elector's name from roll A.

      (6) If notice under subsection (2) is given by an elector in the manner permitted by subsection (3)(b), Registrar B must—

      • (a) deal with the application in accordance with sections 88 to 89A; and

      • (b) if he or she registers the name of the elector on roll B, give notice of that registration to Registrar A, who must, in accordance with section 98(1)(a), remove the elector's name from roll A.

      (7) If notice under subsection (2) is given by an elector in the manner permitted by subsection (3)(c)(i), Registrar B must send that notification to Registrar A.

      (8) If notice under subsection (2) is given by an elector in the manner permitted by subsection (3)(c)(ii), or if a notification is received by Registrar A under subsection (7), subsections (9) to (13) apply.

      (9) If Registrar A believes that at least 1 month has elapsed since the change in the elector's place of residence, Registrar A must send to the elector a request for confirmation of the elector's new place of residence.

      (10) A request under subsection (9) must be made—

      • (a) in writing, in the prescribed form, and contain—

        • (i) the particulars of the enrolment of the elector to whom it is addressed; and

        • (ii) the address of the elector's new place of residence; and

        • (iii) provision for the elector to make changes to the information referred to in subparagraphs (i) and (ii); or

      • (b) in an approved electronic medium that enables the elector to make changes to—

        • (i) the elector's particulars of enrolment; and

        • (ii) the particulars of the address of the elector’s new place of residence.

      (11) An elector who receives a request made pursuant to subsection (10)(a) must, within the time stated by Registrar A, complete and sign the form and return it to Registrar B.

      (12) An elector who receives a request made pursuant to subsection (10)(b) may respond to that request by sending to Registrar B in an approved electronic medium confirmation of his or her new place of residence.

      (13) After a form is returned under subsection (11) or a response is received under subsection (12), Registrar B must—

      • (a) register that elector, in accordance with section 89, on roll B; and

      • (b) give notice of that registration to—

        • (i) the elector in accordance with section 89A; and

        • (ii) Registrar A, who must, in accordance with section 98(1)(a), remove the elector's name from roll A.

      (14) An elector who knowingly or wilfully fails to comply with subsection (2) commits an offence and is liable on conviction to a fine—

      • (a) not exceeding $100 on a first conviction; and

      • (b) not exceeding $200 on any subsequent conviction.

      (15) Despite subsection (14), an elector who gives notice of the matters specified in subsection (2) after the expiry of the period referred to in that subsection but before the commencement of a prosecution is not liable for prosecution for his or her earlier failure to give notice.

      (16) In this section,—

      Registrar A, in relation to an elector, means the Registrar for the electoral district in which the elector previously resided

      Registrar B, in relation to an elector, means the Registrar for the electoral district in which the elector currently resides

      roll A, in relation to an elector, means the roll for the electoral district in which the elector previously resided

      roll B, in relation to an elector, means the roll for the electoral district in which the elector currently resides.

    Updating of electoral rolls

    89D Inquiry to be made to update electoral rolls
    • (1) Every Registrar must, at the times required by or under this section, direct an inquiry to be made in relation to the particulars on the roll for every person registered as an elector of the district.

      (2) An inquiry must be made,—

      • (a) where practicable, within the period of 12 months ending with the day on which a Parliament is due to expire; and

      • (b) at any other time directed by the Electoral Commission.

      (3) In any year in which a triennial general election of members of any local authority must be held under the Local Electoral Act 2001, every Registrar of a district that is, in part or in whole, within the local government area of a local authority must direct an inquiry to be made concerning the particulars on the roll of every person who—

      • (a) is registered as an elector of that district; and

      • (b) appears from those particulars to reside within that local government area.

      (4) If a roll that is not yet in force has been compiled under section 101(1), the inquiry directed to be made under this section must be in respect of that roll.

      (5) Every inquiry made under subsection (1) must—

      • (a) be in the prescribed form; and

      • (b) contain the particulars on the roll for the elector to whom it is addressed; and

      • (c) require the elector, if any of those particulars have changed or are incorrect, to notify the Registrar by—

        • (i) changing or correcting on the form where provided any particular that is wrong, and returning the form; or

        • (ii) using an approved electronic medium to make any change or correction required to the particulars.

      (6) An elector who has a physical or mental impairment may give a notification required by subsection (5) through a representative, and section 86 applies with any necessary modifications.

      (7) For the purposes of this section,—

      • (a) a person registered as an elector includes any person of or over the age of 17 years who has had an application to register as an elector accepted by a Registrar of Electors; and

      • (b) the particulars contained in the application to register are the particulars on the roll for that person.

    89E No inquiry required if application for registration as elector received
    • If a Registrar receives, during an inquiry under section 89D(1), or within 28 days before the commencement of an inquiry under that section, a duly completed application for registration as an elector,—

      • (a) that application is deemed to be a completed form for the purposes of section 89D; and

      • (b) the Registrar must notify that elector that he or she will not receive an inquiry under section 89D.

    89F Procedure following inquiry under section 89D
    • (1) If, following an inquiry under section 89D, the Registrar receives notice under section 89D(5)(c) that an elector has changed his or her place of residence and now resides in another electoral district,—

      • (a) the Registrar must,—

        • (i) in accordance with section 98(1)(a), remove the elector's name from the roll for the district in which the elector previously resided; and

        • (ii) ensure that the notification is sent to the Registrar for the new electoral district (the new Registrar); and

      • (b) the notification is deemed to be an application for registration for the purposes of section 82; and

      • (c) the new Registrar must register that elector, in accordance with section 89, on the roll for the district in which the elector resides.

      (2) If, following an inquiry under section 89D, the Registrar receives notice under section 89D(5)(c) of any change or correction to an elector's particulars, other than a change of place of residence referred to in subsection (1), the Registrar must amend the elector's particulars on the roll in accordance with that notification.

      (3) An elector remains on the roll and his or her particulars on the roll remain unchanged if—

      • (a) the Registrar does not receive from the elector a form or information under section 89D(5)(c); or

      • (b) the Registrar receives from the elector a form or information under section 89D(5)(c) with no changes.

      (4) A form that a person intends to return, or returns, under section 89D(5)(c)(i) must be signed and may be rejected for incompleteness, in accordance with subsections (1)(a), (2), and (3) of section 83 (which apply with all necessary modifications), as if the form were an application in respect of registration as an elector.

      (5) Information that an elector intends to supply, or supplies, electronically under section 89D(5)(c)(ii)—

      • (a) is not an application in respect of registration as an elector required by section 83(1)(a) to be signed; but

      • (b) may be rejected for incompleteness under section 83(3) (which applies with all necessary modifications) if it does not include all the details specified in section 83(2)(a), (b), (c), and (h).

    89G Elector who cannot be contacted to be included in dormant roll
    • (1) This section applies if—

      • (a) a Registrar is notified that an inquiry made under section 89D(1) or a notice sent under section 78(2) cannot be delivered to the elector to whom it is addressed because the whereabouts of the elector are not known; or

      • (b) at any other time, the elector cannot be contacted at the elector’s address on the roll.

      (2) If this section applies, a Registrar must—

      • (a) make any inquiry as to the whereabouts of the elector that the Registrar thinks fit or that the Electoral Commission directs; and

      • (b) if the Registrar is unable to contact the elector, remove the name of the elector from the roll and include the name in the dormant roll maintained under section 109.