259Penalty notices for offence of failing to vote

#### 259 Penalty notices for offence of failing to vote 259 Penalty notices for offence of failing to vote > > (1) The Electoral Commissioner must, after every election, prepare a list of the names of the electors who were entitled to vote at the election and did not vote. > > > (2) If an elector is indicated on a list as not having voted at the election, the Electoral Commissioner, within 3 months after the election day concerned, must issue a penalty notice to the elector. > > > (3) A penalty notice is a notice to the effect that, if the elector does not wish to have the failure to vote dealt with by a court, the person may, within the time specified in the notice— > > > > > (a) give the Electoral Commissioner a sufficient reason for the failure, or > > > > > (b) pay to the Electoral Commissioner a penalty, specified in the notice, not exceeding $55. > > > (4) An elector must not, in response to a penalty notice issued under this section, make a statement that gives a reason for the failure of an elector to vote that the elector knows to be false or misleading in a material particular. > > > > Maximum penalty—1 penalty unit. > > > (5) The [Fines Act 1996](/view/html/inforce/current/act-1996-099) applies to a penalty notice issued under this section. > > > > Note. > > > > The [Fines Act 1996](/view/html/inforce/current/act-1996-099) provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence. > > > (6) The Electoral Commissioner is not required to issue a penalty notice to an elector if it appears to the Commissioner that the elector has a sufficient reason for the failure to vote. > > > (7) If, in response to a penalty notice and within the time specified for the response— > > > > > (a) the Electoral Commissioner is given a sufficient reason for the failure to vote, or > > > > > (b) the penalty specified in the notice is paid to the Electoral Commissioner, > > > > no person is liable to any further proceedings for the alleged offence. > > > (8) If, in response to a penalty notice, the Electoral Commissioner is given a reason for the failure to vote, but the reason is not a sufficient reason, the Electoral Commissioner is to include a statement to that effect in any penalty reminder notice issued under the [Fines Act 1996](/view/html/inforce/current/act-1996-099). > > > (9) For the purposes of this section, it is a sufficient reason for the failure of an elector to vote at an election if the Electoral Commissioner is satisfied that the elector— > > > > > (a) was absent from New South Wales on election day, or > > > > > (b) was ineligible to vote at the election, or > > > > > (c) had an honest belief that abstention from voting was part of his or her religious duty, or > > > > > (d) had a lack of mental capacity (as certified by a registered medical practitioner), or > > > > > (e) was unable, for any reason acceptable to the Electoral Commissioner, to vote at the election. > > > > For the avoidance of doubt, it is not a sufficient reason for the failure of an elector to vote at an election that the elector did not know that an election was being conducted. > > > (10) In this section, a reference to the time specified, in relation to a response to a penalty notice is a reference to— > > > > > (a) the time for response specified in the notice, or > > > > > (b) if the Electoral Commissioner extends that time (whether before or after its expiration)—the extended time. > > **s 259:** Am 2018 No 68, Sch 1.10 \[7\].