99BProvisional enrolment by applicant for citizenship

99B Provisional enrolment by applicant for citizenship

Application by those about to become Australian citizens (1) A person may apply to a Divisional Returning Officer for provisional enrolment for a Subdivision if, at the time of making the application: (a) either: (i) a public announcement has been made of the proposed date for polling for an election for the Subdivision; or (ii) a writ for an election for the Subdivision has been issued; and (b) the person has been notified by the Immigration Department that the person will be granted a certificate of Australian citizenship under section 13 of the Australian Citizenship Act 1948 between: (i) the date of the writ; and (ii) the polling day for the election; and (c) the person is not enrolled; and (d) the person is not qualified for enrolment, but would be so qualified if he or she were an Australian citizen.

Note: A person who is provisionally enrolled under this section is not immediately added to a Roll but can cast a postal, pre‑poll, absent or provisional vote. However, the vote is excluded from further scrutiny if the person does not provide evidence of citizenship by the first Friday following the polling day (see paragraph 6 of Schedule 3).

Requirements for application (2) An application must: (a) be in the approved form; and (b) be signed by the person (but see subsection (3)); and (c) be made between the following times: (i) the earlier of the public announcement of the proposed date for polling for the election and the date of the writ; (ii) 8 pm on the day of the close of the Rolls for the election; and (d) in accordance with subsection (4), be supported by evidence of the Immigration Department’s notification. (3) A person may fill out and sign an application under this section, on behalf of another person (the applicant), in accordance with the directions of the applicant if: (a) the applicant wishes to make the application; and (b) a registered medical practitioner has certified, in writing, that the applicant is so physically incapacitated that the applicant cannot sign the application. (4) For the purposes of paragraph (2)(d), an application is supported by evidence of the Immigration Department’s notification if: (a) all of the following apply: (i) the original notification is shown to an officer; (ii) the officer attests that he or she has sighted the notification; (iii) the officer attests that he or she is satisfied that the notification relates to the person making the application; or (b) all of the following apply: (i) the original or a copy of the notification is shown to an elector in a prescribed class of electors; (ii) the elector attests that he or she has sighted the notification; (iii) the elector attests that he or she is satisfied that the notification relates to the person making the application. Divisional Returning Officer to keep records (5) If a person makes an application in accordance with this section, then: (a) the person is provisionally enrolled under this section for the Subdivision to which the application relates; and (b) the Divisional Returning Officer for the relevant Division must keep a record of the details of the application. Confirmation of citizenship (6) If, by the first Friday following the polling day for the election, the person provides an officer with the original certificate of Australian citizenship granted to the person, or a copy of the certificate that has been attested to by an elector in a prescribed class of electors, then: (a) the provisional enrolment ceases; and (b) the application is taken to be a claim for enrolment for the Subdivision to which the application relates; and (c) sections 102, 103 and 104 apply to the application as if it were a claim made under section 101. (7) Otherwise, the Divisional Returning Officer for the relevant Division must notify the person, in writing, that the person’s provisional enrolment has ceased.