Local Government Act 1993

If an elector who has been sent a notice under section 262C(2) in relation to an election does not, by the response date specified in the notice – provide the Electoral Commissioner with particulars in writing as to why the elector believes that the elector voted in the election; or take an action referred to in section 262C(5)(d) – the Electoral Commissioner, as soon as practicable, is to send to the elector, by post, a second notice.

A second notice in relation to an elector is to – be in an approved form; and specify a date (the second response date) that is not less than 14 days after the notice is sent to the elector; and include the statement about compulsory voting referred to in section 262C(5); and include a relevant statement.

A relevant statement in a second notice in relation to an elector is – a statement to the effect that a notice was sent by post to the elector under section 262C(2) and the elector has not – provided the Electoral Commissioner with particulars in writing as to why the elector believes that the elector voted in the election; or provided the Electoral Commissioner with particulars in writing as to any reason why the elector failed to vote in the election; or paid to the Electoral Commissioner the notice of failure to vote penalty in accordance with section 262G; and a statement to the effect that, if the elector does not, by the second response date – provide the Electoral Commissioner with particulars in writing as to why the elector believes that the elector voted in the election; or 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 – the Electoral Commissioner may issue to the elector an infringement notice under section 262H.