80Closed rolls

80 Closed rolls (1) This section applies in relation to an ATSIEB election. (2) For this Act, the roll for an ATSIEB election is closed during the period— (a) starting at 5 pm on the Monday 12 days before the polling start day for the ATSIEB election; and (b) ending at the close of polling at the election. (3) While a roll is closed, subject to subsections (4), (5) and (6) and section 66— (a) a person must not be enrolled; and

Modifications of s 33, s 34 and s 80 Part 1.1 Modification [1.4] (b) a person must not be taken to be enrolled under section 73 (5) or section 75 (2) if the person’s enrolment on the Commonwealth roll is effected during the closure; and (c) a name must not be removed; and (d) an annotation in relation to the roll must not be made or cancelled under section 74; and (e) a change of address must not be recorded. (4) Subsection (3) (c) must not be taken to prevent the removal, while a roll is closed, of the name of a person who the commissioner believes on reasonable grounds made a statement in a claim for enrolment or transfer of enrolment that was false or misleading in a material particular. (5) If the Australian Postal Corporation notifies the commissioner in writing that the delivery of a posted claim for enrolment or transfer of enrolment has been delayed by an industrial dispute and, apart from the dispute, would have been delivered to the commissioner before the close of the roll for an election— (a) subsection (3) (a) and (c) must not be taken to prevent the enrolment of an elector or the removal of an elector’s name from another roll as a consequence of such an enrolment; and (b) if the claimant is enrolled in accordance with the claim—the enrolment must be taken, in relation to any vote cast by the claimant in the election, to have been effected before the roll closed. (6) This section does not prevent the enrolment of an elector, during a period when a roll is closed, if the elector’s claim for enrolment or transfer of enrolment was received before the beginning of that period by— (a) an officer appointed under section 33 (Officers); or (b) a member of the commission’s staff; or

Part 1.1 Modifications of s 33, s 34 and s 80 Modification [1.4] page 30 Aboriginal and Torres Strait Islander Elected Body (c) a person authorised by the commissioner for this section; or (d) an employee of the Australian Electoral Commission. (7) In this section: enrolment includes the enrolment of a person who is taken to have been enrolled under this part. particulars—a reference (express or implied) to particulars relating to a person includes a reference to particulars taken to be recorded on the roll under this part.

Modification [1.5] Part 1.2 Modifications of pt 9 (Arrangements for elections) [1.5] Eligibility—MLAs Section 103 (1) to (4) (1) A person is eligible to be an ATSIEB member if the person— (b) is not under a sentence of imprisonment for 1 year or longer for a conviction for an indictable offence. Note For the meaning of indictable offence, see the Legislation Act, s 190 (Indictable and summary offences). [1.6] Qualifications for nomination Section 104 (b) omit [1.7] Candidates to be nominated Section 105 (2), (2A) and (3) (2) A person (the nominee) may be nominated as a candidate for an ATSIEB election only by 4 electors (the nominators) entitled to vote at the ATSIEB election on the day the nominators sign the nomination form.