Political Rights


The fundamental right of citizens is the right to vote. This is found in the Commonwealth Electoral Act  1918 which as relevant states:

Persons entitled to enrolment and to vote

(1) Subject to subsections (7) and (8) and to Part VIII, all persons:

(a) who have attained 18 years of age; and

(b) who are:

(i) Australian citizens; or

(ii) persons (other than Australian citizens) who would, if the relevant citizenship law had continued in force, be British subjects within the meaning of that relevant citizenship law and whose names were, immediately before 26 January 1984:

(A) on the roll for a Division; or
(B) on a roll kept for the purposes of the Australian Capital Territory Representation (House of Representatives) Act 1973 or the Northern Territory Representation Act 1922;

shall be entitled to enrolment.

(2)     …….

 (3)    …….

 (4)    ……..

 (5)    …….

 (7) A person who is:

(a) within the meaning of the Migration Act 1958, the holder of a temporary visa; or

(b) an unlawful non-citizen under that Act;

is not entitled to enrolment under Part VIII.

(8)      ………

 (8A) In subsection (1), relevant citizenship law means the Austrñalian Citizenship Act 1948 as amended and in force immediately before the day fixed by Proclamation for the purposes of subsection 2(2) of the Australian Citizenship Amendment Act 1984 and the regulations in force immediately before that day under the Australian Citizenship Act 1948 as so amended and in force.

Barbara Davidson