Queensland Consolidated Acts

LOCAL GOVERNMENT ELECTORAL ACT 2011 - SECT 168

168 Failure to vote

(1) An elector for an election must not—

(a) fail to vote at the election without a valid and sufficient excuse; or

(b) fail to comply with the requirements of a notice given to the elector under section 165 ; or

(c) when complying with the requirements of the notice, make a statement the elector knows to be false or misleading in a material particular.

Penalty—

Maximum penalty—1 penalty unit.

(2) An elector’s belief that it is part of the elector’s religious duty not to vote at elections is a valid and sufficient excuse for the elector’s failure to vote in a particular election.

(3) An elector may be prosecuted for an offence against subsection (1) (a) only if the elector has been sent a notice about the election under section 165 .

(4) In a proceeding for an offence against subsection (1) (a) , a certificate purporting to be signed by a member of the electoral commission’s staff stating any of the following matters is evidence of the matter—

(a) an elector failed to vote at the election;

(b) a notice was sent by the electoral commission to the elector under section 165 on a stated day;

(c) a form mentioned in section 165 (1) was not received by the electoral commission from the elector by the day stated under the subsection.

(5) If a form is not received by the electoral commission from the elector by the day stated under section 165 (1) , it is evidence the elector failed to vote at the election without a valid and sufficient excuse.

(6) If a form is received by the electoral commission about the elector’s compliance with section 165 , statements in the form purporting to be made by—

(a) the elector are evidence as statements made by the elector; and

(b) another elector under section 165 (3) are evidence as statements made by the other elector.

(7) For the Justices Act 1886 , section 139 , the place where an offence against subsection (1) (a) is committed is taken to be the office of the returning officer for the electoral district for which the elector was enrolled for the election.