Section 157 of the Principal Act is repealed and the following sections are substituted:

157.     Option to pay penalty

If an elector fails to vote at an election and pays a notice of failure to vote penalty of 0.2 penalty units –

(a) any liability of the elector under section 181 in respect of the failure to vote is discharged; and

(b) proceedings for an offence against that section are not to be instituted against the elector in respect of the failure; and

(c) an infringement notice in accordance with section 157A is not to be issued against the elector in respect of the failure.

157A.     Infringement notice

(1)  If an elector has been sent a second notice of failure to vote in accordance with section 154 or a determination notice in accordance with section 156 and –

(a) the elector has failed to respond to the notice by the date specified in the notice; and

(b) the Commissioner is of the opinion that, as a result of the elector failing to respond to the notice by the date specified in the notice, the elector has committed an offence under section 181  –

the Commissioner may issue an infringement notice to the elector.

(2)  The infringement notice is to be in accordance with section 14 of the Monetary Penalties Enforcement Act 2005 and include either –

(a) a statement that the elector has failed to respond to a second notice sent in accordance with section 154 ; or

(b) a statement that the elector has failed to respond to a determination notice sent in accordance with section 156 .

(3)  A notice of failure to vote issued under section 153 , a second notice of failure to vote issued under section 154 or a determination notice issued under section 156 is not an infringement notice for the purposes of the Monetary Penalties Enforcement Act 2005 .

157B.     Penalty in respect of infringement notice

For the purposes of an infringement notice issued under section 157A , the penalty is 0.4 penalty units.