Document ID: chunk:federal_register_of_legislation:C2004A00876:clause:1a_40
Version: federal_register_of_legislation:C2004A00876
Segment Type: clause
Provision Reference: sch 1A cl 40
Character Range: 16441–17213

40  Subsection 45(14)
Repeal the subsection, substitute:

 (14) An elector is guilty of an offence if the elector fails to vote at a referendum.

Penalty: $50.

 (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 is guilty of an offence.

Penalty: $50.