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 applies to a penalty notice issued under this section.

Note.

The Fines Act 1996 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 .