Commonwealth Numbered Acts

Commonwealth Electoral Legislation Amendment Act 1983 No. 144 of 1983 - SECT 99

99. Section 128A of the Principal Act is amended-

   (a)  by omitting from sub-section (4) ''sub-sections (1) and (2) of this
        section'' and substituting ''sub-section (2)'';

   (b)  by inserting in sub-section (4) ''and that it is an offence to
fail to vote at an election without a valid and sufficient reason'' after ''at
the election'' (first occurring);

   (c)  by omitting from sub-section (4) ''to give a valid truthful and
        sufficient reason why he failed so to vote'' and substituting ''to
        show cause why proceedings for failing to vote at the election without
        a valid and sufficient reason should not be instituted against him'';

   (d)  by omitting from sub-section (6) ''the true reason why he failed so to
        vote'' and substituting ''the reasons (if any) why proceedings for
        failing to vote at the election without a valid and sufficient reason
        should not be instituted against him'';

   (e)  by omitting from sub-section (8) ''the reason contained in the form is
        a valid and sufficient reason for the failure of the elector to vote''
        and substituting ''the elector has, in the form, shown cause why
        proceedings for failing to vote at the election without a valid and
        sufficient reason should not be instituted against him'';

   (f)  by inserting after sub-section (8) the following sub-section:

''(8A) Where a Divisional Returning Officer is satisfied, upon receipt of a
form referred to in sub-section (6) or (7), that an elector did not fail to
vote at the election, he shall indorse on the list prepared in accordance with
sub-section (2), opposite the name of the elector, a statement to that
effect.'';

   (g)  by omitting paragraph (12) (c) and substituting the following
        paragraph:

''(c) makes a statement in such form that is, to his knowledge, false or
misleading in a material particular,''; and

   (h)  by omitting sub-section (14) and substituting the following
        sub-section:

''(14) In this section, 'elector' does not include-

   (a)  an Antarctic elector;

   (b)  an eligible overseas elector; or

   (c)  an itinerant elector.''.