Division 11.—Enforcement of Law in Relation to Compulsory Voting.
List of electors who failed to vote.
(1) The list of the names and descriptions of the electors enrolled for a Division, who did not vote at an election or a referendum, which is required to be prepared by the Divisional Returning Officer for the Division, under the provisions of suit-section (2) of section 128a of the Act, may be prepared in separate Subdivision Lists, which may be certified in accordance with the Form 37.
(2) All the Subdivision Lists for a Division shall together form the List for the Division.
Notice to elector under section 128a, sub-section (4), and reply of elector.
(1) The notice to be sent under the provisions of sub-section (4) of section 128a of the Act to each elector whose name appears on the list shall be posted within three months after the close of the election or referendum.
(2) The notice may be in accordance with Form 38.
(3) The form for the reply of the elector, which shall be filled up and signed by the elector in the presence of a witness, may be in accordance with Form 39.
(4) The witness shall be an elector or a person qualified to be an elector.
Action where reason considered insufficient.
(1) Where the reply of the elector states a reason for his failure to vote which, in the opinion of the Divisional Returning Officer, is not a valid and sufficient reason for that failure, the Divisional Returning Officer shall, after endorsing on the list prepared by him his opinion in accordance with sub-section (8) of section 128a of the Act, notify the elector, in accordance with Form 40, of his opinion, and inform him that he has the option of having the matter dealt with by the Commonwealth Electoral Officer or by a Court of Summary Jurisdiction.
[Electoral and Referendum Regulations, 81—83]
(2) Any elector to whom a notification has been sent pursuant to the last preceding sub-regulation, who desires the matter to be dealt with by the Commonwealth Electoral Officer, and who is prepared to abide by the decision of that officer, may notify the, Divisional Returning Officer in accordance with Form 41, and may deposit with the Divisional Returning Officer such sum as that officer determines, to be appropriated in payment of the penalty, if any, which the Commonwealth Electoral Officer imposes upon him.
(3) Upon the receipt from an elector who has failed to vote—
(a) of a notification consenting to the matter being dealt with by the Commonwealth Electoral Officer and to abide by the decision of that officer, and
(b) of the deposit specified in the last preceding sub-regulation,
Division Div 11 - Electoral and Referendum Regulations - Enforcement of Law in Relation to Compulsory Voting. | Zoe
the Divisional Returning Officer shall transmit the notification, together with the elector’s reply stating his reason for having failed to vote and the Divisional Returning Officer’s opinion thereon, to the Commonwealth Electoral Officer.
Action by Commonwealth Electoral Officer upon receipt of report from Divisional Returning Officer.
(1) Subject to such directions as are issued by the Chief Electoral Officer, the Commonwealth Electoral Officer shall, upon the receipt from a Divisional Returning Officer of the documents mentioned in the last preceding regulation, consider all the facts, and if satisfied that the elector concerned has failed to vote at the election without a valid and sufficient reason for that failure, he may make an order imposing upon that elector a penalty not less than Ten shillings nor more than Two pounds, and notify the Divisional Returning Officer thereof and of the time allowed for payment.
(2) Any penalty imposed by the Commonwealth Electoral Officer in pursuance of this regulation shall be a debt due to the Commonwealth, and in default of payment within the time allowed, may be recovered in accordance with the provisions of regulation 82 of these Regulations.
(3) The Chief Electoral Officer may review any order made by a Commonwealth Electoral Officer in pursuance of this regulation, and may, if he is of opinion that the circumstances justify such action, remit the penalty imposed by the order.
Notification of imposition of penalty.
Section 128a, sub-section (12).
(1) The Divisional Returning Officer, upon receipt of advice from the Commonwealth Electoral Officer that a penalty has been imposed upon any elector for a contravention of paragraph (a) of sub-section (12) of section 128a of the Act, may appropriate the deposit or portion thereof in payment of the penalty, shall notify the elector, in accordance with Form 42 of the amount of the penalty, and refund to the elector the balance, if any, of the deposit.
Proceedings in a Court of Summary Jurisdiction.
Subject to such directions as are issued by the Commonwealth Electoral Officer, the Divisional Returning Officer shall—
(a) if he is satisfied that there has been a contravention of paragraph (a) of sub-section (12) of section 128a of the Act by an elector, and the elector has not within the time allowed, intimated that he consents to the matter being dealt with by the Commonwealth Electoral Officer, and deposited the sum specified in sub-regulation (2) of regulation 80 of these Regulations; or
[Electoral and Referendum Regulation, 84—85]
(b) if he is satisfied that there has been, a contravention of paragraph (b) of sub-section (12) of section 128a of the Act by an elector; or
(c) if he is satisfied that there has been a contravention of paragraph (c) of sub-section (12) of section 128a of the Act by an elector,
forthwith cause proceedings to be taken against the elector in a Court of Summary Jurisdiction.
Proceedings in Court on failure of elector to vote.
(1) In any proceedings which are instituted in a Court of Summary Jurisdiction, pursuant to paragraph (a) of the last preceding regulation, the Divisional Returning Officer shall send to the Court the elector’s reply, if any, stating his reason for having failed to vote.
(2) The Court shall, whether the defendant is present or not, consider the contents of the reply as if it were given in evidence before the Court.
(3) If the defendant attends the Court, and sets up a defence differing in substance from the statement contained in his reply, the Court shall, if it dismisses the information, do so without awarding the defendant the costs of his defence.
(4) A copy of this regulation shall be printed on the back of the form of summons.
Proceeding in Court on failure of elector to send reply to Divisional Returning Officer’s notification.
(1) In any proceedings in a Court of Summary Jurisdiction against an elector for a contravention of paragraph (b) of sub-section (12) of section 128a of the Act, there shall be served on the defendant a notice that the defendant may attend the Court and answer the charge in person, or may, at any time, not less than seven days before the date fixed for the hearing, lodge with or send by post to the prosecuting officer a statutory declaration setting out any matter which he desires to set out in answer to the charge, and that, unless the prosecuting officer withdraws the charge, the declaration will be sent to the Court for consideration of the matter set out therein as if it were given in evidence before the Court, subject to any evidence in reply adduced by the prosecuting officer. The notice may be printed or written on the summons or may be by separate document served therewith.
(2) Where a statutory declaration is received by the prosecuting officer, in pursuance of the last preceding sub-regulation, he shall, as far as it is practicable for him to do so, inquire into the truth of the statements therein set out, and shall, unless he withdraws the prosecution, bring the declaration to the notice of the Court.
(3) The Court shall, at the hearing of the case, consider the statutory declaration (whether the defendant is present or not) as if the matter therein set out were given in evidence before it, but if the defendant attends the Court, and sets up a defence differing in substance from the statement contained in his declaration, the Court shall, if it dismisses the prosecution, do so without awarding the defendant the costs of his defence.
(4) The Court may, in its discretion, on the application of the prosecuting officer, adjourn the hearing for any period it thinks fit, to enable that officer to answer the declaration.
[Electoral and Referendum Regulations, 86-88]
Evidence in Court of Summary Jurisdiction
(1) In any prosecution in a Court of Summary Jurisdiction in respect of any contravention of sub-paragraphs (a) or (b) of subsection (12) of section 128a of the Act, the prosecuting officer may lodge with the Court a statutory declaration in accordance with Form 43, together with a certified extract in accordance with Form 44, and it shall not then be necessary for him to attend at the hearing.
(2) Where a statutory declaration and certified extract have been lodged as provided by this regulation, and the prosecuting officer is not present at the hearing the Court shall proceed with the hearing and determination of the case in his absence, and shall consider the statutory declaration and certified extract as if the matter set out therein had been given in evidence before it, and shall, notwithstanding the absence of the prosecuting officer, permit evidence to be given for the prosecution of any witness who is summoned by, or attends on behalf of, the prosecuting officer.
(3) For the purposes of this regulation any document purporting to be a statutory declaration shall be accepted as such by the Court without proof of the signature thereon or proof of the authority of the person before whom it purports to have been made to take statutory declarations.