Local Government Act 1993

After each election in an electoral area, the Electoral Commissioner is to prepare a list of names and addresses of electors – who must, in accordance with section 262A, vote in the election; and who have failed to vote in the election.

As soon as practicable after an election, the Electoral Commissioner is to send, by post, a notice to each elector whose name appears on a list prepared under subsection (1).

Despite subsection (2), if the Electoral Commissioner is satisfied that an elector, whose name appears on a list prepared under subsection (1) in relation to an election, had a valid and sufficient reason for failing to vote at the election, the Electoral Commissioner is not to send a notice under that subsection to the elector.

A notice under subsection (2) in relation to an elector – is to be in an approved form; and is to specify a date (the response date) that is not less than 21 days after the notice is sent to the elector; and is to include a statement about compulsory voting.

A statement about compulsory voting included in a notice under subsection (2) sent to an elector is a statement to the effect that – the elector appears to be a person who must vote in an election in an electoral area and who has failed to vote in that election; and it is an offence for an elector to fail, without a valid and sufficient reason, to vote in an election in an electoral area in which the elector must, under section 262A, vote; and if the elector believes that the elector voted in the election, the elector may, on or before the response date, provide the Electoral Commissioner with particulars in writing as to why the elector believes that the elector voted in the election; and if the elector failed to vote in the election, the elector may, on or before the response date – provide the Electoral Commissioner with particulars in writing as to any reason why the elector failed to vote in the election; or pay to the Electoral Commissioner the notice of failure to vote penalty in accordance with section 262G.