Opinion Number. 599

Subject

ELECTORAL ENROLMENT
TRUE RESIDENCE FOR ELECTORAL PURPOSES

Key Legislation

COMMONWEALTH ELECTORAL ACT 1902, Part VII

Date
Client
The Secretary, Department of Home Affairs

The Secretary, Department of Home Affairs, refers for advice the following memorandum by the Chief Electoral Officer:

A.B.C. is the owner of a house situate at 265 Ascot Vale Road, in the Subdivision of Ascot Vale, Division of Maribyrnong, where his wife and family reside and for which Subdivision he claimed enrolment and was enrolled on the 9th May last.

His wife, D.C., is also enrolled for the same Subdivision in respect of residence at 265 Ascot Vale Road, Ascot Vale.

Mr C. is by occupation a farmer and grazier, and has a farm and house at Melton, in the Subdivision of Melton, Division of Corio, where he appears to spend part of his time.

On the 1st July last he claimed transfer of enrolment to that Subdivision, and his enrolment was transferred accordingly.

Advice is desired as to whether, upon the facts set out in the file, there are sufficient grounds for objecting to the retention on the Roll for the Subdivision of Melton, of the name of Mr C.

It is not expressly stated that Mr C. resides with his wife and family at Ascot Vale; but assuming that he does, I think that his true residence for electoral purposes is Ascot Vale, and that there is ground for objection to his retention on the Melton Roll, notwithstanding that he spends part of his time on his farm there.

[Vol. 13, p. 288]