sec.21Who may vote

### sec.21 Who may vote The following persons are the only persons who are entitled to vote at a referendum— persons enrolled on the electoral roll for an electoral district; persons who are not enrolled, but are entitled to be enrolled on the electoral roll for an electoral district because of the Electoral Act 1992 , section 64 (1) (a) (ii) ; persons whose names are not on the electoral roll for an electoral district because of official error; persons who— are not enrolled on the electoral roll for any electoral district but are entitled under the Electoral Act 1992 to be enrolled on the electoral roll for an electoral district; and after 6p.m. on the cut-off day for electoral rolls for the referendum and no later than 6p.m. on the day before the polling day, give the commission or an electoral registrar for the district a notice under the Electoral Act 1992 , section 65 . A person is not entitled to vote more than once at a referendum. Also, a person who is serving a sentence of imprisonment of 3 years or longer is not entitled to vote at a referendum. For subsection (3) , a person is serving a sentence of imprisonment only if— the person is in detention on a full-time basis for an offence against a law of the Commonwealth or a State or Territory; and the detention is attributable to the sentence of imprisonment concerned. To enable the commission to decide the persons who are not entitled to vote because of subsection (3) , the commission may ask the chief executive (corrective services) to give the commission information about persons who are serving sentences of imprisonment for offences against the law of the Commonwealth or of a State or Territory. The chief executive (corrective services) must give the commission the information as soon as practicable after receiving the request. Subsection (6) has effect despite the provisions of any other Act that would otherwise permit or require the chief executive (corrective services) to refuse the commission’s request. s 21 amd 2006 No. 41 s 50B ; 2015 No. 35 s 16 ; 2019 No. 31 s 84 ; 2023 No. 23 s 204 amd 2026 No. 1 s 46 (uncommenced amendment) (sec.21-ssec.1) The following persons are the only persons who are entitled to vote at a referendum— persons enrolled on the electoral roll for an electoral district; persons who are not enrolled, but are entitled to be enrolled on the electoral roll for an electoral district because of the Electoral Act 1992 , section 64 (1) (a) (ii) ; persons whose names are not on the electoral roll for an electoral district because of official error; persons who— are not enrolled on the electoral roll for any electoral district but are entitled under the Electoral Act 1992 to be enrolled on the electoral roll for an electoral district; and after 6p.m. on the cut-off day for electoral rolls for the referendum and no later than 6p.m. on the day before the polling day, give the commission or an electoral registrar for the district a notice under the Electoral Act 1992 , section 65 . (sec.21-ssec.2) A person is not entitled to vote more than once at a referendum. (sec.21-ssec.3) Also, a person who is serving a sentence of imprisonment of 3 years or longer is not entitled to vote at a referendum. (sec.21-ssec.4) For subsection (3) , a person is serving a sentence of imprisonment only if— the person is in detention on a full-time basis for an offence against a law of the Commonwealth or a State or Territory; and the detention is attributable to the sentence of imprisonment concerned. (sec.21-ssec.5) To enable the commission to decide the persons who are not entitled to vote because of subsection (3) , the commission may ask the chief executive (corrective services) to give the commission information about persons who are serving sentences of imprisonment for offences against the law of the Commonwealth or of a State or Territory. (sec.21-ssec.6) The chief executive (corrective services) must give the commission the information as soon as practicable after receiving the request. (sec.21-ssec.7) Subsection (6) has effect despite the provisions of any other Act that would otherwise permit or require the chief executive (corrective services) to refuse the commission’s request. - (a) persons enrolled on the electoral roll for an electoral district; - (b) persons who are not enrolled, but are entitled to be enrolled on the electoral roll for an electoral district because of the Electoral Act 1992 , section 64 (1) (a) (ii) ; - (c) persons whose names are not on the electoral roll for an electoral district because of official error; - (d) persons who— (i) are not enrolled on the electoral roll for any electoral district but are entitled under the Electoral Act 1992 to be enrolled on the electoral roll for an electoral district; and (ii) after 6p.m. on the cut-off day for electoral rolls for the referendum and no later than 6p.m. on the day before the polling day, give the commission or an electoral registrar for the district a notice under the Electoral Act 1992 , section 65 . - (i) are not enrolled on the electoral roll for any electoral district but are entitled under the Electoral Act 1992 to be enrolled on the electoral roll for an electoral district; and - (ii) after 6p.m. on the cut-off day for electoral rolls for the referendum and no later than 6p.m. on the day before the polling day, give the commission or an electoral registrar for the district a notice under the Electoral Act 1992 , section 65 . - (i) are not enrolled on the electoral roll for any electoral district but are entitled under the Electoral Act 1992 to be enrolled on the electoral roll for an electoral district; and - (ii) after 6p.m. on the cut-off day for electoral rolls for the referendum and no later than 6p.m. on the day before the polling day, give the commission or an electoral registrar for the district a notice under the Electoral Act 1992 , section 65 . - (a) the person is in detention on a full-time basis for an offence against a law of the Commonwealth or a State or Territory; and - (b) the detention is attributable to the sentence of imprisonment concerned.