Electoral Act 1992

Subject to subsection (2), the commission may, as soon as practicable after an election, send a notice to each elector who appears to have failed to vote at the election—

stating that—

the elector appears to have failed to vote at the election; and

it is an offence to fail, without a valid and sufficient reason, to vote at an election; and

the elector may, if the elector considers he or she has committed the offence, pay one-half a penalty unit (the penalty) to the commission by a specified day, not earlier than 21 days after the elector received the notice (the appropriate day), and, if the commission receives the payment by the appropriate day, no further steps will be taken against the elector about the offence; and

requiring the elector—

if the elector intends paying the penalty by the appropriate day—to sign the appropriate form for payment of the penalty and include payment of the penalty; and

if the elector does not intend paying the penalty by the appropriate day—to state, in a form included in or with the notice, whether the elector voted and, if not, the reason for failing to vote; and

to sign the form and post or give it to the commission so that it is received by the appropriate day.

The elector must comply with the requirements of the notice.

If—

the elector is absent or unable, because of physical incapacity, to comply with the requirements of the notice; and

another elector who has personal knowledge of the facts complies with the requirements and in doing so also has his or her signature on the form witnessed;

As soon as practicable after an election, the commission must send a notice to each person who made a declaration vote under section 115(c), but whose ballot paper was not accepted for counting under section 125(1), advising the person why the ballot paper was not accepted for counting.