(1)  An elector entitled to vote at an election must not, without a valid and sufficient reason, fail to vote at the election.

Penalty:  Fine not exceeding 1 penalty unit.

(2)  Without limiting subsection (1) , it is a valid and sufficient reason for failing to vote if an elector –

(a) was incapable of voting at the election; or

(b) was ineligible to vote at the election; or

(c) believes it to be part of his or her religious duty to abstain from voting.

(3)  Proceedings for an offence under subsection (1)  –

(a) may be instituted only by the Commission or the Director of Public Prosecutions; and

(b) may be instituted within the period of 12 months from the polling day of the election in respect of which the offence occurred.