Document ID: chunk:federal_register_of_legislation:C2025C00128:section:45:p3
Version: federal_register_of_legislation:C2025C00128
Segment Type: section
Provision Reference: s 45 (pt 3/4)
Character Range: 98349–100939

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 is to be treated as compliance by the first‑mentioned elector with the notice.
 (12) The DRO must prepare a list of all electors to whom a penalty notice has been sent or delivered and note on that list in relation to each elector:
 (a) whether there has been a response to the notice; and
 (b) if there has been a response:
 (i) whether the DRO is satisfied that the elector did in fact vote or that there was a valid and sufficient reason for the elector's failure to vote; or
 (ii) whether the penalty has been paid.
 (13) The DRO must note on the list prepared under subsection (12) in relation to each elector to whom a notice under subsection (9) has been sent or delivered:
 (a) the fact that a notice has been sent or delivered under subsection (9); and
 (b) whether there has been a response to the notice; and
 (c) if there has been a response—whether the penalty has been paid.
 (13A) Without limiting the circumstances that may constitute a valid and sufficient reason for not voting, the fact that an elector believes it to be part of his or her religious duty to abstain from voting constitutes a valid and sufficient reason for the failure of the elector to vote.
 (14) An elector commits an offence if the elector fails to vote at a referendum.
Penalty: 1 penalty unit.
 (14A) Strict liability applies to an offence against subsection (14).
Note: For strict liability, see section 6.1 of the Criminal Code.
 (14B) Subsection (14) 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 (14B) (see subsection 13.3(3) of the Criminal Code).
 (14C) 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 commits an offence.
Penalty: 1 penalty unit.
 (15) Proceedings for an offence against this section may be instituted only by the Electoral Commissioner or an officer authorised, in writing, for the purpose by the Electoral Commissioner.
 (16) In this section, elector does not include:
 (a) an Antarctic elector; or
 (b) an eligible overseas elector; or
 (c) an itinerant elector.
 (17) In this section, a reference to the prescribed time for a response to a penalty notice or a notice under subsection (9)