84Exemptions from compulsory voting

84 Exemptions from compulsory voting

(1) For the purposes of section 266(4) of the Act, it is not compulsory for a person to vote if the prosecution officer is satisfied that the person had a sufficient excuse for not voting.

(2) Without limiting the generality of subregulation (1), any of the following is a sufficient excuse for not voting—

(a) the voter was ill, disabled or infirm and for that reason was unable to vote at the election or could have voted only with difficulty;

Reg. 84(2)(b) substituted by S.R. No. 100/2020 reg. 8.

(b) if the voter was absent from Victoria—

(i) for 15 days immediately before the last day of voting; or

(ii) if the last day of voting is altered under regulation 60, from the last day postal votes are issued under regulation 49(1) until the last day of voting;

(c) the voter—

Reg. 84(2)(c)(i) amended by S.R. No. 57/2024 reg. 17(1)(a).

(i) returned a declaration envelope within 7 days immediately after the last day for the receipt of declaration envelopes in respect of the election under regulation 57(3)(d); or

(ii) returned a declaration envelope that was disallowed under regulation 52(3); or

(iii) made a request to have the postal ballot envelope redirected under regulation 54 but did not receive a postal ballot envelope; or

Reg. 84(2) (c)(iv) amended by S.R. No. 57/2024 reg. 17(1)(b).

(iv) was entitled to receive replacement voting material under regulation 56 but did not receive the replacement voting material;

Reg. 84(2)(d) inserted by S.R. No. 57/2024 reg. 17(2).

(d) the voter was a homeless person and for that reason was unable to vote at the election or could have voted only with difficulty;

Reg. 84(2)(e) inserted by S.R. No. 57/2024 reg. 17(2).

(e) the voter was—

(i) serving a sentence of imprisonment; or

(ii) otherwise in lawful custody or detention.