38Offices of Divisional Returning Officers

#### 38 Offices of Divisional Returning Officers (1) The office of a Divisional Returning Officer must be located within the Division, unless the Minister has given written authority for the office not to be so located. (2) However, subsection (1) does not apply if: (a) the office was located within a Division, but immediately after a redistribution of the State or Territory that includes the Division, the office is no longer located within the Division; and (b) either: (i) within a reasonable time, the Electoral Commissioner seeks written authority for the office not to be located within the Division; or (ii) the office is currently being relocated within the Division. (3) A written authority given under subsection (1) is not a legislative instrument. 7 Application of item 6 The amendment made by item 6 applies to offices located after the commencement of this item. 8 Subsection 90B(4) (at the end of the table) Add: | 5 | a prescribed person or organisation that verifies, or contributes to the verification of, the identity of persons for the purposes of the Financial Transaction Reports Act 1988 | a copy of a Roll (or an extract of a Roll) | (a) on request by the person or organisation; and(b) on payment of the fee (if any) payable under subsection (9). | | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ------------------------------------------ | ----------------------------------------------------------------------------------------------------------------- | 9 Paragraph 90B(9)(b) Omit “3 or 4”, substitute “3, 4 or 5”. 10 After subsection 91A(2B) Insert: (2C) For information provided under item 5 of the table in subsection 90B(4), the only permitted purpose in relation to a prescribed person or organisation is for the person or organisation to verify, or contribute to the verification of, the identity of persons for the purposes of the Financial Transaction Reports Act 1988. 11 At the end of subsection 91B(3) Add “(other than information provided under item 5 of the table in subsection 90B(4) that is used for a permitted purpose)”. 12 Subsection 92(1) Omit “all police, statistical, and electoral officers in the service of any State or Territory,”, substitute “a State or a Territory,”. 13 Subsection 93(2) Omit “(4) and (5)”, substitute “(4), (5) and (8AA)”. 14 Paragraph 93(8)(b) Repeal the paragraph. 15 Subsection 93(8AA) Repeal the subsection, substitute: (8AA) A person who is serving a sentence of imprisonment for an offence against the law of the Commonwealth or of a State or Territory is not entitled to vote at any Senate election or House of Representatives election. > Note: For the definition of sentence of imprisonment, see subsection 4(1A). 16 Application of items 14 and 15 The amendments made by items 14 and 15 apply to sentences beginning before, on or after the commencement of this item. 17 Paragraph 94A(2)(c) Omit “subsection”, substitute “subsections (2AA) and”. 18 At the end of subsection 94A(2) Add: ; and (e) must be supported by the evidence of the person’s identity that is required by the regulations (but see subsection (2AB)). 19 After subsection 94A(2) Insert: (2AA) The requirement in paragraph (2)(c) does not apply once the regulations in relation to evidentiary requirements for enrolment are in operation. (2AB) To avoid doubt, the requirement in paragraph (2)(e) does not apply unless regulations are in operation for the purposes of that paragraph when the application is made. 20 Paragraph 94A(4)(a) Omit “the day of the close of the Rolls”, substitute “the date of the writ”. 21 Paragraph 95(2)(c) Omit “subsection”, substitute “subsections (2AA) and”. 22 At the end of subsection 95(2) Add: ; and (d) supported by the evidence of the person’s identity that is required by the regulations (but see subsection (2AB)). 23 After subsection 95(2) Insert: (2AA) The requirement in paragraph (2)(c) does not apply once the regulations in relation to evidentiary requirements for enrolment are in operation. (2AB) To avoid doubt, the requirement in paragraph (2)(d) does not apply unless regulations are in operation for the purposes of that paragraph when the application is made. 24 Subsection 95(4) Omit “the day of the close of the Rolls”, substitute “the date of the writ”. 25 At the end of paragraph 96(2)(c) Add “(but see subsection (2AA))”. 26 At the end of subsection 96(2) Add: ; and (d) supported by the evidence of the applicant’s identity that is required by the regulations (but see subsection (2AB)). 27 After subsection 96(2) Insert: (2AA) The requirement in paragraph (2)(c) does not apply once the regulations in relation to evidentiary requirements for enrolment are in operation. (2AB) To avoid doubt, the requirement in paragraph (2)(d) does not apply unless regulations are in operation for the purposes of that paragraph when the application is made. 28 Subsection 96(4) Omit “the day of the close of the Rolls”, substitute “the date of the writ”. 29 Before section 98 Insert: