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Local Government Act 1993 No 30
Current version for 25 June 2019 to date (accessed 17 October 2019 at 17:02)
Division 4 Where residents fail to vote
A person whose name is on the residential roll in respect of a ward or area must vote at any contested election in the ward or area (other than an election of the mayor by the councillors) unless the person has a sufficient reason not to vote.Maximum penalty: 1 penalty unit.
313 Check on double-voting and failure to vote
(1) After the close of the poll at a contested election, the copies of the roll of electors used at the election are to be checked by the Electoral Commissioner in accordance with this section to determine:(a) which electors’ names (if any) have been marked more than once, and(b) which electors (if any) appear to have failed to vote.(2) In the case of an election administered by an electoral services provider engaged by a council, the general manager must (within the period specified by the Electoral Commissioner) forward the copies of the roll of electors used at that election to the Electoral Commissioner for checking.(3) The Electoral Commissioner is, for each contested election, to prepare a list of the names of the persons on the residential roll who, although entitled to vote at the election, appear to have failed to vote and do not appear to have a sufficient reason for the failure.
314 Penalty notice to be issued for failure to vote
(1) The Electoral Commissioner is to serve a penalty notice on each resident who is indicated on the list prepared under section 313 as appearing not to have a sufficient reason for failing to vote at an election.(2) A penalty notice is to be served within 3 months after the close of the poll at the election to which it relates and, if not served personally, is to be served by post at the address of the resident last known to the Electoral Commissioner.(3) A penalty notice is a notice in the form prescribed by the regulations to the effect that, if the resident does not desire to have the failure to vote dealt with by a court:(a) the Electoral Commissioner must be given, within a time stated in the notice, a sufficient reason for the failure to vote, or(b) a penalty of 0.5 penalty unit must be paid to the Electoral Commissioner.(4) If, within 28 days after service of the penalty notice, the Electoral Commissioner is given a sufficient reason for the failure to vote or the penalty is paid, the resident is not liable to any further proceedings for the offence to which the penalty notice relates.(5) If an insufficient reason for a failure to vote is given in response to a penalty notice, the Electoral Commissioner is to include a statement to that effect in any penalty reminder notice served under the Fines Act 1996 in relation to the penalty notice.(6) For the purposes of this section, it is a sufficient reason for a failure by a resident to vote if the Electoral Commissioner is satisfied that the resident:(a) is dead, or(b) was absent from the area on polling day, or(c) was ineligible to vote, or(d) had an honest belief that he or she had a religious duty to abstain from voting, or(e) (Repealed)(f) was unable to vote for any other reason acceptable to the Electoral Commissioner.(7) If a penalty notice is served, the Electoral Commissioner is to note on the list prepared under section 313, or on a separate list of the residents on whom penalty notices have been served, whether or not there has been a response to the penalty notice and, if there has been a response, whether a sufficient reason has been given, or a penalty paid, for the failure to vote.
315 Evidence in list of non-voters
(1) It is evidence:(a) of service of a penalty notice on a resident, or(b) of a lack of response to a penalty notice served on a resident, orif there is on a certified list a notation to that effect in relation to the resident.(c) that a reason was given for a failure by a resident to vote at an election, but the reason was insufficient,(2) For the purposes of this section, a certified list is a list that is certified by the Electoral Commissioner as (or as a copy of or extract from) the list prepared under section 313 or the separate list prepared under section 314 (7).