Commonwealth Numbered Acts

REFERENDUM (MACHINERY PROVISIONS) ACT 1984 No. 44, 1984 - SECT 45

45. (1) It is the duty of every elector to record his vote at a referendum.

(2) Each Divisional Returning Officer shall, after the close of voting at a
referendum, being a referendum the voting day for which was not the same as
that fixed for the polling at an election, prepare from the lists of names and
descriptions of the electors enrolled for his Division a list of the names and
descriptions of those electors-

   (a)  against whose names a mark was not placed pursuant to section 34
        during the voting at the referendum and who did not vote pursuant to
        section 37;

   (b)  who did not vote at the referendum under the provisions of this Act
        relating to absent voting; and

   (c)  who did not vote at the referendum under the provisions of this Act
        relating to postal voting, and shall certify the list by statutory
        declaration.

(3) Within the prescribed period after the close of voting at a referendum,
each Divisional Returning Officer shall send by post to each elector whose
name appears on the list prepared by the Divisional Returning Officer pursuant
to sub-section (2) a notice in the prescribed form-

   (a)  notifying the elector that the elector appears to have failed to vote
        at the referendum and that it is an offence to fail to vote at a
        referendum without a valid and sufficient reason; and

   (b)  requiring the elector to show cause, on the form set out at the foot
        of the notice and within the period specified in the notice (not being
        less than 21 days after the day on which the notice was posted), why
        proceedings for failing to vote at the referendum without a valid and
        sufficient reason should not be instituted against him.

(4) A Divisional Returning Officer is not required to send a notice to a
person pursuant to sub-section (3) in relation to the failure of the person to
vote at a referendum if the Divisional Returning Officer is satisfied that the
person-

   (a)  is dead;

   (b)  was absent from Australia on the voting day for the referendum; or

   (c)  was ineligible to vote at the referendum.

(5) Each elector to whom a notice under sub-section (3) is sent shall, if he
failed to vote at the referendum to which the notice relates, state on the
form at the foot of the notice the reasons (if any) why proceedings for
failing to vote at the referendum without a valid and sufficient reason should
not be instituted against him, sign the form in the presence of an authorized
witness and post it so as to ensure that the form will reach the appropriate
Divisional Returning Officer not later than the day specified in the notice.

(6) If an elector to whom a notice under sub-section (3) is sent is unable, by
reason of his absence from his place of living or physical incapacity, to fill
in, sign and post the form at the foot of the notice within the time specified
in the notice, any other elector who has personal knowledge of the relevant
facts may, subject to the regulations, fill in, sign and post the form, duly
witnessed, within that time and the filling in, signing and posting of the
form by that other elector may be treated as compliance by the first-mentioned
elector with the provisions of sub-section (5).

(7) Where a Divisional Returning Officer receives a form referred to in
sub-section (5) or (6), he shall indorse on the list prepared pursuant to
sub-section (2), opposite to the name of the elector to whom the form relates,
his opinion as to whether or not the elector has, in the form, shown cause why
proceedings for failing to vote at the referendum without a valid and
sufficient reason should not be instituted against him.

(8) Where a Divisional Returning Officer is satisfied, upon receipt of a form
referred to in sub-section (5) or (6), that an elector did not fail to vote at
the referendum, he shall indorse on the list prepared in accordance with
sub-section (2), opposite to the name of the elector, a statement to that
effect.

(9) Where an elector who is required to send to a Divisional Returning Officer
a form referred to in sub-section (5) or (6), fails to send the form properly
filled in, signed and witnessed to the Divisional Returning Officer within the
time specified in the notice, the Divisional Returning Officer shall indorse
on the list prepared pursuant to sub-section (2) opposite to the name of the
elector a notice of that failure.

(10) A list prepared and indorsed by a Divisional Returning Officer for the
purposes of a referendum indicating-

   (a)  the names of the electors-

        (i)    against whose name a mark was not placed pursuant to section 34
               during the voting at the referendum and who did not vote
               pursuant to section  37 ;

        (ii)   who did not vote at the referendum under the provisions of this
               Act relating to absent voting; and

        (iii)  who did not vote at the referendum under the provisions of this
               Act relating to postal voting;

   (b)  the names of the electors from whom or on whose behalf the officer
        received, within the time allowed in accordance with a notice sent to
        the person pursuant to sub-section (3), forms properly filled in and
        signed; and

   (c)  the names of the electors who failed to reply within that time, and
        any extract from that list certified by the officer under his hand
        shall, in all proceedings, be prima facie evidence-

   (d)  of the contents of such a list or extract;

   (e)  of the fact that the electors whose names appear on the list or
        extract did not vote at the referendum;

   (f)  that a notice under sub-section (3) was received by those electors;
        and

   (g)  that those electors did, or did not, as the case may be, comply with
        the requirements of such a notice within the time allowed in
        accordance with the notice.

(11) An elector who-

   (a)  fails to vote at a referendum without a valid and sufficient reason
        for the failure;

   (b)  after receipt of a notice under sub-section (3), fails to fill in,
        sign and post within the time specified in the notice the form at the
        foot of the notice; or

   (c)  makes a statement in the form referred to in paragraph (b) that is, to
        his knowledge, false or misleading in a material particular, is guilty
        of an offence.

Penalty: $50.

(12) Proceedings for an offence against this section shall not be instituted
except by the Electoral Commissioner or an officer authorized in writing by
the Electoral Commissioner to institute those proceedings.
(13) In this section, ''elector'' does not include-

   (a)  an Antarctic elector;

   (b)  an eligible overseas elector; or

   (c)  an itinerant elector.