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ELECTORAL ACT 2002 - SECT 164 Replies by or on behalf of electors

ELECTORAL ACT 2002 - SECT 164

Replies by or on behalf of electors

    (1)     An elector to whom a notice has been sent under section 163 must—

        (a)     complete the form forwarded with the notice by stating in it the true reason why the elector failed to vote; and

        (b)     sign the form; and

        (c)     post or deliver the form so as to reach the Commission not later than the date specified in the notice.

    (2)     If an elector is unable to comply with subsection (1) by reason of—

        (a)     the absence of the elector from the elector's residence; or

        (b)     the elector's physical incapacity—

any other elector who has personal knowledge of the facts may, subject to the regulations, comply with subsection (1) on behalf of the elector.

    (3)     Compliance with subsection (2) is deemed to be sufficient compliance by the elector with subsection (1).

    (4)     If the Commission receives a form which complies with this section, the Commission must record on the list prepared under section 162 opposite the name of the elector to whom the form refers—

        (a)     a note to that effect; and

        (b)     whether or not in the opinion of the Commission the reason contained in the form is a valid and sufficient reason for the failure of the elector to vote at the election.

    (5)     If the Commission does not receive a form which complies with this section from an elector sent a notice, the Commission must record a note to that effect on the list opposite the name of the elector.