CONSTITUTION ACT 1975 - SECT 48 Qualification of electors for the Council and the Assembly

CONSTITUTION ACT 1975 - SECT 48

    (1)     Subject to this Act, a person who—

        (a)     is—

              (i)     an Australian citizen; or

S. 48(1)(a)(ii) substituted by No. 61/1986 s. 3(a).

              (ii)     a person (other than an Australian citizen) who would, if the relevant citizenship law had continued in force, be a British subject within the meaning of that relevant citizenship law and whose name was, at any time within the three months immediately before 26 January 1984, enrolled on—

    (A)     an electoral roll for an electoral district of the Assembly; or

    (B)     an electoral roll maintained under any one of the Commonwealth Acts known as the Commonwealth Electoral Act 1918, the Australian Capital Territory Representation (House of Representatives) Act 1973 and the Northern Territory Representation Act 1922; and

        (b)     is of the full age of eighteen years—

shall be entitled to enrol as an elector for the Council and the Assembly.

S. 48(2) amended by No. 23/2002 s. 189(4).

    (2)     A person who—

        (a)     has been convicted of treason under the law of Victoria or treason or treachery under the law of the Commonwealth or a State or Territory of the Commonwealth and has not been pardoned;

S. 48(2)(b) substituted by No. 23/2002 s. 189(3).

        (b)     is serving a sentence of 5 years imprisonment or more for an offence against the law of Victoria, the Commonwealth or another State or a Territory of the Commonwealth;

        (c)     is—

              (i)     the holder of a temporary entry permit for the purposes of the Commonwealth Act known as the Migration Act 1958; or

              (ii)     a prohibited immigrant under that Act; or

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

is not entitled to be enrolled as an elector for the Council or Assembly.

S. 48(2A) inserted by No. 10244 s. 10, amended by No. 43/1996

s. 65(Sch.

item 4.1), repealed by No. 23/2002 s. 189(5).

    *     *     *     *     *

    (3)     Any entitlement to enrolment shall be subject to compliance with any law relating to enrolment for and voting at elections for the Council or Assembly.

    (4)     Subject to this section, the Parliament may make such laws as it deems necessary or expedient for or with respect to enrolment for and voting at elections for the Council or Assembly.

S. 48(5) inserted by No. 61/1986 s. 3(b).

    (5)     In subsection (1), "relevant citizenship law" means the Australian Citizenship Act 1948 of the Commonwealth as amended and in force immediately before the day fixed by Proclamation for the purposes of section 2(2) of the Australian Citizenship Amendment Act 1984 of the Commonwealth and the regulations in force immediately before that day under the Australian Citizenship Act 1948 as so amended and in force.

Division 8—Offices and places of profit

No. 6224 s. 14.

S. 49 amended by No. 38/2005 s. 14.