Div 2AItinerant persons

Division 2A—Itinerant persons 31A—Itinerant persons (1) A person may apply for enrolment under this section if the person— (a) is in South Australia and has lived in South Australia for a continuous period of 1 month prior to the date of the application for enrolment; and (b) qualifies for enrolment under section 29(1)(a)(i), (ii) and (iv) but does not qualify for enrolment under section 29(1)(a)(iii) because he or she does not have a fixed place of residence (whether within the State or elsewhere). (2) An application under this section— (a) must be made to the Electoral Commissioner in a form approved by the Electoral Commissioner; and (b) must be signed. (3) If the Electoral Commissioner is satisfied that a person has made a valid application in accordance with subsections (1) and (2)— (a) the person is entitled to be enrolled as an elector under this Act despite the provisions of Division 1; and (b) a further claim for enrolment need not be made under Division 3; and (c) the Electoral Commissioner will cause the name of the person to be entered on the roll— (i) for the subdivision for which the person last had an entitlement to be enrolled; or (ii) if the person has never had such an entitlement, for a subdivision for which any of the person's next of kin is enrolled; or (iii) if neither subparagraph (i) nor subparagraph (ii) applies, for the subdivision in which the person was born; or (iv) if none of subparagraphs (i), (ii) and (iii) applies, the subdivision with which the person has the closest connection. (4) The Electoral Commissioner may, in connection with the operation of subsection (3), include on the roll an address in the subdivision that is to be taken to be the person's principal place of residence for the purposes of this Act and any other Act or law relating to enrolment under this Act. (5) The Electoral Commissioner will also annotate the roll so as to indicate that the person is enrolled under this section. (6) While a person is the subject of an annotation under subsection (5), the person is entitled (despite any other provision of this Act)— (a) to have his or her name retained on the roll for the relevant subdivision; and (b) to vote as an elector for that subdivision. (7) Despite a preceding subsection, the Electoral Commissioner will not deal with an application under this section received between the time on which rolls for an election in the relevant district close and polling day for that election. (8) If an application under this section is rejected, the Electoral Commissioner must take reasonable steps to notify the applicant in writing— (a) of the rejection of the application; and (b) of the reason for its rejection; and (c) of the applicant's rights under this Act to seek a review of the decision. (9) If a person who is enrolled under this section— (a) qualifies for enrolment with respect to a place of residence under section 29(1)(a)(iii), the person must, as soon as practicable, give notice to the Electoral Commissioner in a form approved by the Electoral Commissioner. (10) A person ceases to be entitled to be enrolled under this section if— (a) the person gives notice under subsection (9); or (c) the Electoral Commissioner becomes aware that the person— (i) has qualified for enrolment with respect to a place of residence under section 29(1)(a)(iii); or (ii) has ceased to be entitled to be enrolled under this Act (otherwise than with respect to the operation of section 29(1)(a)(iii)). (11) If a person ceases to be entitled to be enrolled under this section, the Electoral Commissioner will remove the person's name, and the relevant annotation, from the roll (but may then, if relevant, re‑enter the name in accordance with any entitlement that exists apart from this section). (12) A person who falls within the ambit of subsection (10) may make a new application under this section if or when he or she again qualifies under the terms of subsection (1). Division 3—Compulsory enrolment and transfer 32—Making of claim for enrolment or transfer of enrolment (1) Subject to this Division, a person who is entitled to be enrolled for any subdivision, whether by way of enrolment or transfer of enrolment, and whose name is not on the Roll for that subdivision must, within 21 days from the date on which the person became so entitled, make a claim in accordance with this Act for enrolment or for transfer of enrolment (as the case may require). (1a) A claim for enrolment or the transfer of enrolment— (a) must be made in a manner and form approved by the Electoral Commissioner; and (b) must be made to an electoral registrar. (1b) If a person makes a claim for enrolment pursuant to section 69(1a), the person will be taken to have made a claim for enrolment in accordance with this Act (even if the claim does not comply with the requirements to be in the manner and form approved by the Electoral Commissioner and given to an electoral registrar). (2) Subsection (1) does not apply to a person who is entitled to be enrolled in accordance with section 29(2) or 31A. (3) A person who fails, without proper excuse, to make a claim for enrolment or transfer of enrolment in accordance with this section is guilty of an offence. Maximum penalty: $75. (4) Proceedings for an offence against subsection (3) may not be commenced after a claim for enrolment or transfer of enrolment (as the case may require) has been made. 32A—Notification of transfer within the same subdivision (1) Subject to section 32B(4), an elector whose principal place of residence changes from one address to another within the same subdivision must, within 21 days of the change, notify an electoral registrar of the address of the elector's current principal place of residence. (2) An elector who fails, without proper excuse, to give a notification under this section is guilty of an offence. Maximum penalty: $75. (3) Proceedings for an offence against subsection (2) may not be commenced after an appropriate notification has been given. 32B—Enrolment or transfer of enrolment (1) Where a claim for enrolment or transfer of enrolment made in accordance with section 32(1a) is received at the office of an electoral registrar, the electoral registrar must— (a) if satisfied of the validity of the claim—enrol the claimant or transfer the enrolment of the claimant, in accordance with the claim; or (b) if not satisfied of the validity of the claim—reject the claim. (2) No enrolment may— (a) be made on the roll for a subdivision; or (b) be transferred from or to the roll for a subdivision, on the basis of a claim received at the office of an electoral registrar or by operation of subsection (4) between the time on which rolls for an election in the relevant district close and polling day for that election. (3) Where a claim is rejected, the electoral registrar must notify the claimant in writing— (a) of the rejection of the claim; and (b) of the reasons for its rejection; and (c) of the claimant's rights under this Act to seek a review of the decision. (4) If a person is enrolled on the Commonwealth roll and the person's address recorded on that roll is an address in a subdivision— (a) the person is, for the purposes of this Act, to be taken— (i) in the case of a person enrolled on the Commonwealth roll under section 100 of the Commonwealth Act— (A) to have made a claim for enrolment; and (B) to be provisionally enrolled; and (ii) in any other case— (A) to have made a claim in accordance with this Act, or given notice under section 32A (as the case requires); and (B) to be enrolled as an elector for the subdivision for the purposes of this Act; and (b) the particulars on the Commonwealth roll in relation to the person are, with such modifications (if any) as an electoral registrar considers necessary for the purposes of Part 4 of this Act, to be taken to be the particulars in relation to the person on the roll for the subdivision, unless the electoral registrar is satisfied that the person's particulars on the roll for the subdivision are more up‑to‑date than his or her particulars on the Commonwealth roll. Division 4—Objections 33—Right of objection (1) Any elector may object to— (a) the enrolment of a particular person as an elector; or (b) the enrolment of a particular person on the roll for a particular subdivision; or (c) the enrolment of a particular person on the roll for a subdivision in respect of a particular address. (2) An electoral registrar, if of the opinion that a person whose name appears on a roll for a subdivision— (a) should not be enrolled as an elector; or (b) should not be enrolled on the roll for that subdivision; or (c) should be enrolled on the roll for that subdivision but in respect of a different address, will object to the enrolment. (3) An objection— (b) must set out the grounds on which the objection is made; and (c) in the case of an objection under subsection (1)—must be accompanied by a deposit of $2. (4) A deposit under subsection (3)(c) must be returned to the objector on determination of the objection unless the electoral registrar is of the opinion that the objector had no reasonable grounds for making the objection, in which case it will be forfeited to the Crown. 34—Elector to have opportunity to be heard on objection (1) Subject to subsection (2), where an objection is made under this Division, the electoral registrar must afford the person to whose enrolment the objection relates a reasonable opportunity to answer the objection. (2) If, in the opinion of the electoral registrar, an objection is frivolous or vexatious, he or she may reject the objection without notifying the person to whose enrolment the objection relates. 35—Determination of objection (1) When a person has been afforded a reasonable opportunity to answer an objection under this Division, the electoral registrar may, after considering the answer (if any) made to the objection— (a) reject the objection; or (b) uphold the objection and, according to the nature of the case— (i) remove the name of the person to whom the objection relates from the roll; or (ii) transfer the enrolment of the person to whom the objection relates to the roll for the appropriate subdivision; or (iii) change the address in respect of which the person to whom the objection relates is enrolled. (2) No name may be removed from a roll in pursuance of this section between the time at which the rolls for an election in the relevant district close and polling day for that election. (3) Where a decision is made on an objection under this section, the electoral registrar must give written notice to the person to whose enrolment objection is taken and, if the objection was not made by the electoral registrar, the objector, of— (a) the decision made on the objection; and (b) the reasons for that decision; and (c) if applicable, the rights of the person to whom the notice is given to seek a review of the decision.