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. 37 Paragraph 99B(1)(b) Omit “be granted a certificate of Australian citizenship under section 13 of the Australian Citizenship Act 1948”, substitute “become an Australian citizen under the Australian Citizenship Act 2007”. 38 Subsection 99B(6) Omit “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”, substitute “with evidence that the person has become an Australian citizen”. 39 Subsection 102(1) Omit “subsection (4)”, substitute “subsections (4) and (4AA)”. 40 Subsection 102(2A) Omit “the day on which the Rolls for the election close”, substitute “the date of the writ or writs for the election”. 41 Subsection 102(4) Repeal the subsection, substitute: (4) If a claim by a person for enrolment under section 101 (other than a claim that is taken, by subsection 99B(6), to be made under section 101) is received during the period: (a) beginning at 8 pm on the date of the writ or writs for an election for the Division to which the claim relates; and (b) ending at the close of the polling at the election; then the claim must not be considered until after the end of the period. (4AA) If a claim by a person for transfer of enrolment under section 101, or a claim that is taken, by subsection 99B(6), to be made under section 101, is received during the period: (a) beginning at 8 pm on the date of the close of the Rolls for an election for the Division to which the claim relates; and (b) ending at the close of the polling at the election; then the claim must not be considered until after the end of the period. (4AB) A claim that is taken, by subsection 100(2), to be made under section 101: (a) is to be treated in accordance with subsection (4AA) if the claim is made by a person who will turn 18 years old during the period: (i) beginning at 8 pm on the date of the writ or writs for an election for the Division to which the claim relates; and (ii) ending at the end of the polling day for the election; and (b) otherwise—is to be treated in accordance with subsection (4). 42 Paragraph 102(4A)(a) After “(4)”, insert “or (4AA) (as the case requires)”. 43 Subparagraph 102(4A)(b)(ii) After “(4)”, insert “or (4AA) (as the case requires)”. 44 Subsection 102(4B) Omit “subsection (4)” (first occurring), substitute “subsections (4) and (4AA)”. 45 Paragraphs 102(4B)(a) and (b) After “(4)”, insert “or (4AA) (as the case requires)”. 46 Paragraphs 105(1)(b) and (ba) Repeal the paragraphs. 47 Subsection 105(1A) Omit “(1)(ba) or (h)”, substitute “(1)(h)”. 48 Subsection 105(3A) Repeal the subsection. 49 Subsection 105(4) Repeal the subsection, substitute: (4) If a vote is: (a) admitted to further scrutiny at a preliminary scrutiny of declaration votes because of paragraph 12 of Schedule 3; or (b) admitted to further scrutiny at a preliminary scrutiny conducted under section 89A of the Referendum (Machinery Provisions) Act 1984 because of paragraph 11 of Schedule 4 to that Act; the Divisional Returning Officer for the relevant Division must enter the elector’s name on the Roll for the Subdivision for which, but for the error or mistake, the name would have appeared. 50 Section 109 Repeal the section, substitute: