Document ID: chunk:federal_register_of_legislation:C2025C00128:section:45:p2
Version: federal_register_of_legislation:C2025C00128
Segment Type: section
Provision Reference: s 45 (pt 2/4)
Character Range: 96028–98580

a response in the manner indicated in subparagraph (5)(c)(i), (ii) or (iii) was not received.
 (7) The provisions of this section, other than subsection (6), apply in relation to a second penalty notice:
 (a) as if it were a penalty notice issued under subsection (3); and
 (b) as if, in the provisions of this section as so applied, references to paragraphs and subparagraphs of subsection (5) included references to those paragraphs and subparagraphs as applied by this section.
 (8) If, within the prescribed time:
 (a) an elector responds to a penalty notice in the manner indicated in subparagraph (5)(c)(i) or (ii) and the DRO to whom the response has been given is satisfied:
 (i) in the case of a response of the kind referred to in subparagraph (5)(c)(i)—that the elector did vote as required by this Act; or
 (ii) in the case of a response of the kind referred to in subparagraph (5)(c)(ii)—that the reason for the failure to vote is a valid and sufficient reason; or
 (b) an elector responds to a penalty notice by paying the penalty of $20;
proceedings against the elector for a contravention of subsection (14) are prohibited.
 (9) If the DRO to whom a response to a penalty notice has been given under subparagraph (5)(c)(i) or (ii) within the prescribed time is not satisfied:
 (a) in the case of a response of the kind referred to in subparagraph (5)(c)(i)—that the elector voted as required by this Act; or
 (b) in the case of a response of the kind referred to in subparagraph (5)(c)(ii)—that the reason for the failure to vote is a valid and sufficient reason;
the DRO must send by post or deliver to the elector, at his or her latest known address, a notice in an approved form, notifying the elector that:
 (c) the DRO is not so satisfied; and
 (d) if the elector does not wish to have the apparent failure to vote without a valid and sufficient reason for such failure dealt with by a court, he or she may, within the prescribed time, pay to the DRO a penalty of $20.
 (10) If, in response to a notice under subsection (9), the penalty of $20 is paid to the DRO within the prescribed time, proceedings against the elector for a contravention of subsection (14) are prohibited.
 (11) If an elector is unable, by reason of absence from his or her place of living or physical incapacity, to respond to a penalty notice or to a notice under subsection (9) within the prescribed time, any other elector who has a personal knowledge of the facts may, subject to the regulations, respond to the notice within that time, and such response