Document ID: chunk:federal_register_of_legislation:F2024C00399:clause:2_27
Version: federal_register_of_legislation:F2024C00399
Segment Type: clause
Provision Reference: sch 2 cl 27
Character Range: 28479–29186

27  Proceedings in court on failure of elector to vote
 (1) This section applies in relation to proceedings that are instituted in a court of summary jurisdiction against an elector for a contravention of:
 (a) subsection 245(15) of the Act; or
 (b) subsection 45(14) of the Referendum (Machinery Provisions) Act.
 (2) The Divisional Returning Officer must send to the court the elector's response (if any) under subparagraph 245(5)(c)(i) or (ii) of the Act or subparagraph 45(5)(c)(i) or (ii) of the Referendum (Machinery Provisions) Act (as applicable).
 (3) The court must, whether the defendant is present or not, consider the contents of the response as if it were given in evidence before the court.