sec.44Notice of failure to vote

### sec.44 Notice of failure to vote The commission may, as soon as practicable after a referendum, send a notice to each elector who appears to have failed to vote at the referendum stating the following— the elector appears to have failed to vote at the referendum; it is an offence to fail, without a valid and sufficient reason, to vote at a referendum; the elector may, if the elector considers he or she has committed the offence, pay 1 / 2 a penalty unit (the penalty ) to the commission by a stated day, not earlier than 21 days after the elector received the notice (the appropriate day ); if the commission receives the payment by the appropriate day, no further steps will be taken against the elector about the offence; if the elector intends paying the penalty by the appropriate day, the elector is required— to sign the appropriate form for payment of the penalty; and to include payment of the penalty; and to give the form and payment to the commission by the appropriate day; if the elector does not intend paying the penalty by the appropriate day, the elector is required— to state, in a form included in or with the notice, whether the elector voted; and if the elector failed to vote, to state in the form the reason for failing to vote; and to give the form to the commission by the appropriate day. The elector must comply with the requirements of the notice. An elector is taken to have complied with the requirements if— the elector is absent or unable, because of physical incapacity, to comply with the requirements of the notice; and another elector who has personal knowledge of the facts complies with the requirements and in doing so also has his or her signature on the form witnessed. As soon as practicable after a referendum, the commission must send a notice to each person who made a declaration vote under section 26 (c) , but whose ballot paper was not accepted for counting under section 36 (1) , advising the person why the ballot paper was not accepted for counting. (sec.44-ssec.1) The commission may, as soon as practicable after a referendum, send a notice to each elector who appears to have failed to vote at the referendum stating the following— the elector appears to have failed to vote at the referendum; it is an offence to fail, without a valid and sufficient reason, to vote at a referendum; the elector may, if the elector considers he or she has committed the offence, pay 1 / 2 a penalty unit (the penalty ) to the commission by a stated day, not earlier than 21 days after the elector received the notice (the appropriate day ); if the commission receives the payment by the appropriate day, no further steps will be taken against the elector about the offence; if the elector intends paying the penalty by the appropriate day, the elector is required— to sign the appropriate form for payment of the penalty; and to include payment of the penalty; and to give the form and payment to the commission by the appropriate day; if the elector does not intend paying the penalty by the appropriate day, the elector is required— to state, in a form included in or with the notice, whether the elector voted; and if the elector failed to vote, to state in the form the reason for failing to vote; and to give the form to the commission by the appropriate day. (sec.44-ssec.2) The elector must comply with the requirements of the notice. (sec.44-ssec.3) An elector is taken to have complied with the requirements if— the elector is absent or unable, because of physical incapacity, to comply with the requirements of the notice; and another elector who has personal knowledge of the facts complies with the requirements and in doing so also has his or her signature on the form witnessed. (sec.44-ssec.4) As soon as practicable after a referendum, the commission must send a notice to each person who made a declaration vote under section 26 (c) , but whose ballot paper was not accepted for counting under section 36 (1) , advising the person why the ballot paper was not accepted for counting. - (a) the elector appears to have failed to vote at the referendum; - (b) it is an offence to fail, without a valid and sufficient reason, to vote at a referendum; - (c) the elector may, if the elector considers he or she has committed the offence, pay 1 / 2 a penalty unit (the penalty ) to the commission by a stated day, not earlier than 21 days after the elector received the notice (the appropriate day ); - (d) if the commission receives the payment by the appropriate day, no further steps will be taken against the elector about the offence; - (e) if the elector intends paying the penalty by the appropriate day, the elector is required— (i) to sign the appropriate form for payment of the penalty; and (ii) to include payment of the penalty; and (iii) to give the form and payment to the commission by the appropriate day; - (i) to sign the appropriate form for payment of the penalty; and - (ii) to include payment of the penalty; and - (iii) to give the form and payment to the commission by the appropriate day; - (f) if the elector does not intend paying the penalty by the appropriate day, the elector is required— (i) to state, in a form included in or with the notice, whether the elector voted; and (ii) if the elector failed to vote, to state in the form the reason for failing to vote; and (iii) to give the form to the commission by the appropriate day. - (i) to state, in a form included in or with the notice, whether the elector voted; and - (ii) if the elector failed to vote, to state in the form the reason for failing to vote; and - (iii) to give the form to the commission by the appropriate day. - (i) to sign the appropriate form for payment of the penalty; and - (ii) to include payment of the penalty; and - (iii) to give the form and payment to the commission by the appropriate day; - (i) to state, in a form included in or with the notice, whether the elector voted; and - (ii) if the elector failed to vote, to state in the form the reason for failing to vote; and - (iii) to give the form to the commission by the appropriate day. - (a) the elector is absent or unable, because of physical incapacity, to comply with the requirements of the notice; and - (b) another elector who has personal knowledge of the facts complies with the requirements and in doing so also has his or her signature on the form witnessed.