Opinion Number. 277

Subject

ELECTORAL ENROLMENT WHETHER PERSON WRONGLY ENROLLED AS STATE ELECTOR ENTITLED TO : EFFECT OF SWEARING OATH OF ALLEGIANCE

Key Legislation

CONSTITUTION, s. 41

Date
Client
The Minister for Home Affairs

A Mr A., who resides in Queensland, has made a claim to be enrolled on a Commonwealth Electoral Roll.

Mr A. was born in France and has not been naturalized; and in the absence of naturalization it appears to be assumed that he is not a British subject. He claims to be naturalized, so it is stated, on the ground of his having taken the oath of allegiance to the Queen when serving in the Defence Force of Queensland.

Apparently, his name has been enrolled on a State Electoral Roll in Queensland.

The question whether the fact that his name has been enrolled on a State Roll entitles him, by virtue of section 41 of the Constitution, to have his name placed on a Commonwealth Roll has been referred to me for advice.

Section 41 of the Constitution provides that no adult person who has or acquires a right to vote for the more numerous House of a State Parliament shall, while the right continues, be prevented by any law of the Commonwealth from voting at elections for either House of the Commonwealth Parliament.

As Mr A. has never been naturalized(1)has never at any time been qualified to be enrolled in Queensland(2), and his name has only recently been placed on the Electoral Roll, I am of opinion that he is not entitled to have his name on the Commonwealth Roll.

[Vol. 6, p. 35]

(1) See the Naturalization Act 1903.

(2) See The Electronics Act 1885 to 1905 (Qld), ss. 5,6.