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The "intent to reside" requirement is in S94A, which limits who can apply to the Electoral Commissioner to be enrolled. But that's not the same thing as "quali
by caf 14y ago
The "intent to reside" requirement is in S94A, which limits who can apply to the Electoral Commissioner to be enrolled. But that's not the same thing as "qualified to become such an elector", which is governed only by S93 - basically you just need to be an Australian citizen over the age of 18 who isn't insane or been convicted of treason.
- jacques_chester 14y ago94A(1)(d) has the same rule: "the person intends to resume residing in Australia not later than 6 years after he or she ceased to reside in Australia." And the argument would be the same one I outlined above.
- caf 14y agoI know the rule is in S94A, but that's the section that governs actually applying to be placed on the roll, which is not relevant to running for election. The place that rule isn't is in S93, which is the relevant section.
- jacques_chester 14y agoS94 is the relevant section because it defines eligible overseas electors. S94(1)(c) gives the 6-year rule and S94A(1)(d) restates it as part of the enrollment procedure. The relevancy of S94 and S94A for overseas electors is established in Interpretation, 4(1): ""Eligible overseas elector" means an elector who is entitled under section 94 or 95 to be treated as an eligible overseas elector."