Part 5Enrolment

Part 5—Enrolment Division 1—Entitlement to enrolment 29—Entitlement to enrolment (1) A person is entitled to be enrolled on the roll for a subdivision if— (a) the person— (i) has attained the age of 18 years; and (ii) — (A) is an Australian citizen; or (B) is a person who by virtue of his or her status as a British subject was, at some time within the period of 3 months commencing on 26 October 1983, enrolled under the repealed Act as an Assembly elector or enrolled on an electoral roll maintained under a law of the Commonwealth or a Territory of the Commonwealth; and (iii) has his or her principal place of residence in the subdivision and has lived at that place of residence for a continuous period of at least 1 month immediately preceding the date of the claim for enrolment; and (iv) is not of unsound mind; or (b) the person is properly enrolled on the Commonwealth roll, other than under section 100 of the Commonwealth Act, in respect of an address in the subdivision. (2) A person is entitled to provisional enrolment on the roll for a subdivision if— (a) the person— (i) has attained the age of 16 years; and (ii) would, if he or she had attained the age of 18 years, be entitled to be enrolled on the roll for that subdivision under subsection (1); or (b) the person is properly enrolled on the Commonwealth roll under section 100 of the Commonwealth Act in respect of an address in the subdivision. (3) No person is entitled to be at the same time enrolled for more than one subdivision. (4) Where a person is imprisoned within the State, it will be presumed, for the purposes of this Act, that the prisoner's principal place of residence is— (a) the place that constituted the prisoner's principal place of residence immediately before the commencement of the imprisonment; or (b) if— (i) the prisoner, or a parent, spouse, domestic partner or child of the prisoner who was residing with the prisoner immediately before the commencement of the imprisonment, acquires during the term of imprisonment some other place of residence in lieu of the place referred to in paragraph (a); (ii) the prisoner intends to reside at that new place of residence on release from prison; (iii) the prisoner elects to be enrolled in respect of that place, that place; or (c) if— (i) there is no place of residence in the State in respect of which the prisoner may be enrolled under paragraph (a) or (b); and (ii) the prisoner has been sentenced to imprisonment for 2 years or more— the place at which the prisoner is imprisoned. (5) A prisoner will, for the purposes of the provisions of this Act relating to enrolment, and entitlement to vote, be taken to reside at the place that constitutes the prisoner's principal place of residence under subsection (4). domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not; spouse—a person is the spouse of another if they are legally married.