34Enrolment by Electoral Commissioner on Electoral
Commissioner’s initiative
(1)
If the Electoral Commissioner, at any time,
believes that a person who is not enrolled is entitled to be enrolled, the
Electoral Commissioner may notify the person concerned in writing (including
by email, SMS text message or other electronic means) that—
(a)
the Electoral Commissioner believes that the
person should be enrolled, and
(b)
the Electoral Commissioner will enrol the person
unless the person, within the period specified in the notice (being not less
than 7 days), notifies the Electoral Commissioner that the Electoral
Commissioner’s belief is incorrect (and gives the reasons why that is
so).
(2)
If no notification is made by the person under
subsection (1) (b) within the specified period or, despite any such
notification made within that period, the Electoral Commissioner still
believes that the person is entitled to be enrolled, the Electoral
Commissioner is to—
(a)
enrol the person, and
(b)
notify the person in writing (including by email,
SMS text message or other electronic means) that he or she has been
enrolled.
(3)
If the Electoral Commissioner, at any time,
believes that a person is incorrectly enrolled in respect of an address (the
first address), but that
the person is entitled to be enrolled in respect of another address (the
second address), the
Electoral Commissioner may notify the person concerned in writing (including
by email, SMS text message or other electronic means) that—
(a)
the Electoral Commissioner believes that the
person should not be enrolled in respect of the first address, but should be
enrolled in respect of the second address, and
(b)
the Electoral Commissioner will change the
person’s enrolment details unless the person, within the period
specified in the notice (being not less than 7 days), notifies the Electoral
Commissioner that the Electoral Commissioner’s belief is incorrect (and
gives the reasons why that is so).
(4)
If no notification is made by the person under
subsection (3) (b) within the specified period or, despite any such
notification made within that period, the Electoral Commissioner still
believes that the person is incorrectly enrolled in respect of the first
address, but is entitled to be enrolled in respect of the second address, the
Electoral Commissioner is to—
(a)
change the person’s enrolment details to
record the second address as the person’s enrolled address,
and
(b)
notify the person in writing (including by email,
SMS text message or other electronic means) that the person’s enrolment
details have been so changed.
(5)
If the Electoral Commissioner, at any time,
believes that a person who is enrolled is not entitled to be enrolled, the
Electoral Commissioner may notify the person concerned in writing (including
by email, SMS text message or other electronic means) that—
(a)
the Electoral Commissioner believes that the
person should not be enrolled, and
(b)
the Electoral Commissioner will terminate the
person’s enrolment unless the person, within the period specified in the
notice (being not less than 7 days), notifies the Electoral Commissioner that
the Electoral Commissioner’s belief is incorrect (and gives the reasons
why that is so).
(6)
If no notification is made by the person under
subsection (5) (b) within the specified period or, despite any such
notification made within that period, the Electoral Commissioner still
believes that the person is not entitled to be enrolled, the Electoral
Commissioner is to—
(a)
terminate the person’s enrolment,
and
(b)
notify the person in writing (including by email,
SMS text message or other electronic means) that his or her enrolment has been
terminated.
(7)
The Electoral Commissioner may exercise the
functions under subsections (1)–(6) on the Electoral
Commissioner’s own initiative.
(8)
Without limiting subsections (1)–(6), the
Electoral Commissioner may form a belief by—
(a)
consulting electoral enrolment details on any
roll kept under the Commonwealth Act, and
(b)
consulting and using information collected under
Division 5.
Note—
The Electoral Commissioner may use information
collected under Division 5, from bodies such as Transport for NSW and the
Registry of Births, Deaths and Marriages, to enrol persons or update their
enrolment details.
(9)
Nothing in this section prevents the Electoral
Commissioner enrolling a person during the period of any election, including
after the issue of the writ for the election.
Note—
If a person has been enrolled by the Electoral
Commissioner under this section and the person believes that the person is not
entitled to be so enrolled or is enrolled in relation to an incorrect address,
the person may complain to the Electoral Commissioner regarding the
person’s own enrolment under section 38.
Alternatively, if the person is entitled to be
enrolled in relation to another address, the person could simply complete and
lodge an application for enrolment or an application for a change of
address.
s 34: Am 2020 No 30,
Sch 4.14.