ELECTORAL ACT 2017 - SECT 30 Entitlement to enrol

ELECTORAL ACT 2017 - SECT 30

30 Entitlement to enrol

Note : Under this Act there is no permanent roll of electors. However--

(a) the person's name and enrolment details will be recorded in the Electoral Information Register maintained under this Act--see Division 4 (Electoral Information Register) of Part 5 (Enrolment procedures and information), and

(b) the person's name will appear on an authorised roll prepared for a particular election and on other lists of electors prepared under this Act--see Division 6 (Authorised rolls) of Part 5 (Enrolment procedures and information).

(1) A person is entitled to be enrolled in respect of an address in New South Wales if the person--

(a) has attained 16 years of age, and

Note : A person is not entitled to vote until the person is 18 years of age--see section 31.

(b) is an Australian citizen, and

(c) resides at that address and has resided at that address for at least 1 month before the enrolment.

Note : Section 4 (2) of this Act provides that an elector is
"enrolled for the district" that contains the enrolled address of the elector.

(2) A person who is not entitled to be enrolled under subsection (1) is entitled to be enrolled if the person is enrolled under any of the following provisions of the Commonwealth Act in respect of an address in New South Wales--

(a) section 93 (1) (b) (ii)--being British subjects enrolled in relation to a Commonwealth division before 26 January 1984,

(b) section 94--enrolled voters leaving Australia,

(c) section 94A--voters enrolled outside Australia,

(d) section 95--spouse, de facto partner or child of eligible overseas elector,

(e) section 96--itinerant electors.

(3) Subject to subsection (2), a person is not entitled to be enrolled in respect of any address other than the address at which the person is residing at the date--

(a) that the person lodged his or her application for enrolment (or application for a change of address), or

(b) that the Electoral Commissioner enrolled the person (or changed the person's enrolment details to record a change of address).

(4) A person is not entitled to be enrolled if the person has been convicted of an offence, whether in New South Wales or elsewhere, and has been sentenced in respect of that offence to imprisonment for 12 months or more and is in prison serving that sentence.