§ CEA s. 99AProvisional claim for enrolment by applicant for citizenship

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(1) A person who: (a) makes an application to become an Australian citizen under section 21 of the Australian Citizenship Act 2007 ; and (b) would, if he or she were an Australian citizen, be entitled, in respect of residence at an address, to enrolment for a subdivision; may make a provisional claim for enrolment for that subdivision. (2) If a person who has made a provisional claim for enrolment for a subdivision, either under subsection (1) or under this subsection: (a) is living at an address in another subdivision; and (b) has lived at that address for the period of one month last past; the person may make a provisional claim for enrolment for that other subdivision. (3) If a person makes a provisional claim for enrolment under subsection (2), any previous provisional claim for enrolment by that person has no effect. (4) A claim: (a) must be in the approved form; and (b) subject to subsection (5), must be signed by the claimant; and (c) must be lodged: (i) if the claim is made under subsection (1)—together with the claimant’s application to become an Australian citizen; or (ii) if the claim is made under subsection (2)—with the Electoral Commissioner; and (d) must comply with section 98AA (evidence of identity requirements). (5) If: (a) a person wishes to make a provisional claim for enrolment; and (b) a registered medical practitioner has certified, in writing, that the person is so physically incapacitated that the person cannot sign the claim; another person may, on behalf of the person, fill out and sign the claim in accordance with the directions of the first ‑ mentioned person. (6) The Secretary of the Immigration Department must: (a) send to the Electoral Commissioner, as soon as practicable, any provisional claim for enrolment lodged by a person under subparagraph (4)(c)(i); and (b) if the person becomes an Australian citizen as a result of the person’s application to become an Australian citizen—inform the Electoral Commissioner, as soon as practicable, that the person has become an Australian citizen. (7) If a person who has made a provisional claim for enrolment for a subdivision becomes an Australian citizen, the provisional claim is taken to be a claim for enrolment for the subdivision, made by the person on the day on which the person becomes an Australian citizen. (8) If a person who has made a provisional claim for enrolment is refused approval to become an Australian citizen, the provisional claim has no effect.

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