Document ID: chunk:federal_register_of_legislation:C2004A00876:clause:1a_12
Version: federal_register_of_legislation:C2004A00876
Segment Type: clause
Provision Reference: sch 1A cl 12
Character Range: 10069–10841

12  Subsection 245(15)
Repeal the subsection, substitute:

 (15) An elector is guilty of an offence if the elector fails to vote at an election.

Penalty: $50.

 (15A) Strict liability applies to an offence against subsection (15).

Note: For strict liability, see section 6.1 of the Criminal Code.

 (15B) Subsection (15) does not apply if the elector has a valid and sufficient reason for the failure.

Note: A defendant bears an evidential burden in relation to the matter in subsection (15B) (see subsection 13.3(3) of the Criminal Code).

 (15C) An elector who makes a statement in response to a penalty notice or to a notice under subsection (9) that is, to his or her knowledge, false or misleading in a material particular is guilty of an offence.

Penalty: $50.