38Provisional enrolment by applicant for citizenship

#### 38 Provisional enrolment by applicant for citizenship Application by those about to become Australian citizens (1) A person may apply to the Electoral Commissioner for provisional enrolment for a Subdivision if, at the time of making the application: (a) a writ for a referendum has been issued; and (b) the voting day for the referendum is not the same as that fixed for the polling at an election; and (c) the person has been notified by the Immigration Department that the person will become an Australian citizen under the Australian Citizenship Act 2007 between: (i) the day of the issue of writ; and (ii) the voting day for the referendum; and (d) the person is not enrolled; and (e) the person is not qualified for enrolment, but would be so qualified if he or she were an Australian citizen. > Note 1: A person who is provisionally enrolled under this section is not immediately added to a Roll but can cast a postal vote, a pre‑poll declaration vote, an absent vote or a 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 voting day (see paragraph 6 of Schedule 4). > Note 2: A person may make a similar application under section 99B of the Commonwealth Electoral Act 1918 if the voting day for the referendum is the same as that fixed for the polling at an election. 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 day of the issue of the writ; (ii) 8 pm on the day of the close of the Rolls for the referendum; 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. Electoral Commissioner 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 for which the person would be provisionally enrolled if he or she had made an application under section 99B of the Commonwealth Electoral Act 1918; and (b) the Electoral Commissioner must keep a record of the details of the application. Confirmation of citizenship (6) If, by the first Friday following the voting day for the referendum, the person provides an officer with evidence that the person has become an Australian citizen, then: (a) the provisional enrolment ceases; and (b) the application is taken to be a claim under the Commonwealth Electoral Act 1918 for enrolment for the Subdivision mentioned in paragraph (5)(a); and (c) sections 102, 103 and 104 of the Commonwealth Electoral Act 1918 apply to the application as if it were a claim made under section 101 of that Act. (7) Otherwise, the Electoral Commissioner must notify the person, in writing, that the person’s provisional enrolment has ceased.