95Exemptions from compulsory voting—elections at the City of Melbourne

95 Exemptions from compulsory voting—elections at the City of Melbourne

(1) For the purposes of section 19(1A) of the City of Melbourne Act 2001, 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;

(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—

(i) returned a declaration envelope within 7 days immediately after the last day of voting; 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

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

(d) the voter was enrolled under section 9A(3) or (5), 9B, 9C or 9D of the City of Melbourne Act 2001 and the voter's postal address listed on the voters' roll is an address not located in Australia.

For requirements regarding exemptions from compulsory voting in other Council elections—see regulation 84.

Pt 9
(Heading and regs 88–91) inserted by S.R. No. 92/2020 reg. 41, amended by S.R. No. 33/2021 regs 11, 12, revoked by S.R. No. 104/2022 reg. 13.

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