Local Government Act 1993

If – an elector has been sent a notice under section 262C(2) or section 262D(1); and the Electoral Commissioner receives – before the response date specified in the notice under section 262C(2); or before the second response date specified in the notice under section 262D(1) – particulars in writing from the elector as to any reason why the elector failed to vote in the election; and the Electoral Commissioner determines under section 262E that the reason is not a valid and sufficient reason for having failed to vote in the election – the Electoral Commissioner, as soon as practicable, is to send to the elector, by post, a determination notice.

A determination notice in relation to an elector is to – be in an approved form; and specify a date (the determination response date) that is not less than 14 days after the notice is sent to the elector; and include a relevant statement.

A relevant statement in a determination notice in relation to an elector is a statement to the effect that – the Electoral Commissioner has determined that the reason provided by the elector is not a valid and sufficient reason for failing to vote in the election to which the notice relates; 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 does not wish to be issued with an infringement notice under section 262H, the elector may, on or before the determination response date, pay to the Electoral Commissioner the notice of failure to vote penalty in accordance with section 262G.