Victorian Consolidated Legislation

Local Government Act 1989 - SECT 40

Voting is compulsory

40. Voting is compulsory





(1) Except as is provided in the regulations, it is compulsory for a person
who is enrolled on the voters' roll as a resident under section 12 to vote at
any election in respect of the ward in which his or her principal place of
residence is located.

(1A) It is an offence against this Act to fail to vote as required by
subsection (1).

Penalty: 1 penalty unit.

(2) In this section-

infringement means an offence against this section;

prescribed penalty means the penalty prescribed for the purposes of this
section; prosecution officer means-

   (a)  the Chief Executive Officer or a person appointed by the Chief
        Executive Officer for the purposes of this section; or

   (b)  if an Electoral Commission is responsible for the prosecutions under
        this section, the Electoral Commission or a person appointed by the
        Electoral Commission for the purposes of this section.

(3) A prosecution officer may serve or cause to be served an infringement
notice on any person if the prosecution officer has reason to believe that the
person has committed an infringement.

(3A) An offence referred to in subsection (3) for which an infringement notice
may be served is an infringement offence within the meaning of the
Infringements Act 2006 and the penalty for that offence is the prescribed
penalty in respect of that offence.

(4) In addition to the details required under section 13 of the
Infringements Act 2006, the details of the election to which the alleged
infringement relates must be included in an infringement notice served under
subsection (3), including-

   (a)  the name of the Council; and

   (b)  the date of the election; and

   (c)  the name of the ward.



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