Commonwealth Consolidated Acts

COMMONWEALTH ELECTORAL ACT 1918 - SECT 118

             (1)  The Electoral Commissioner shall determine an objection as soon as practicable after:

                     (a)  the receipt by the Electoral Commissioner of the answer of the challenged elector; or

                     (b)  the end of 20 days after the giving of the notice;

whichever is the earlier.

             (2)  Before determining an objection, the Electoral Commissioner may make any inquiries the Electoral Commissioner considers necessary to ascertain the facts in relation to the objection.

             (3)  In the case of an objection under subsection 114(1), (1A) or (2), if it appears to the Electoral Commissioner that the challenged elector is not entitled to be enrolled for the relevant Subdivision, the Electoral Commissioner shall remove the elector's name from the Roll for that Subdivision.

             (4)  The Electoral Commissioner shall not remove an elector's name from the Roll on the ground specified in paragraph 93(8)(a) unless the objection is accompanied by a certificate of a medical practitioner stating that, in the opinion of the medical practitioner, the elector, because of unsoundness of mind, is incapable of understanding the nature and significance of enrolment and voting.

          (4A)  In the case of an objection under subsection 114(1B) or (4), if it appears to the Electoral Commissioner that:

                     (a)  the challenged elector's name has been placed on the Roll for the relevant Subdivision in respect of a particular address; and

                     (b)  at the date of the objection, the challenged elector did not live at that address, and had not lived at that address for a period of at least one month; and

                     (c)  the challenged elector is not an Antarctic elector;

the Electoral Commissioner must remove the elector's name from the Roll for that Subdivision.

             (5)  During the period:

                     (a)  starting at 8 pm on the day of the close of the Rolls for an election to be held in a Division; and

                     (b)  ending on the close of the poll for the election;

the Electoral Commissioner must not remove an elector's name from the Roll for a Subdivision of that Division under subsection (3) or (4A).

             (6)  The Electoral Commissioner shall give to the objector and to the challenged elector written notice in the approved form of the decision of the Electoral Commissioner on an objection.

             (7)  Notice under subsection (6) may be given to the challenged elector by posting it to the elector at the address to which notice of the objection was posted.

             (8)  Where, as a result of a private objection under subsection 114(1) or (1B), an elector's name is removed from the Roll, the amount of $2 lodged with the objection shall be repaid to the objector.