Section 38

Without affecting subsection (2), the register of electors in operation in accordance with this Act at the time of any election of a Member to represent the electoral division to which the register relates is conclusive evidence for the purpose of determining whether a person is or is not entitled to vote at the election.

The right and duty of voting of any person whose name is for the time being contained in the register are not prejudiced by any appeal pending before a Revising Officer in respect of the inclusion of that person’s name in the register.

Any vote given by the person mentioned in subsection (2) during the pendency of that appeal is as good as though no such appeal were pending and is not affected by the subsequent decision of the appeal.

A person who, by reason of circumstances existing on the day of the election, is not, by virtue of section 5 or 6, entitled to have his or her name entered or retained in any register of electors is not entitled to vote at the election.

If the person mentioned in subsection (4) votes at the election, he or she shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,500 or to imprisonment for a term not exceeding 9 months or to both, and shall, on conviction, become incapable for a period of 3 years from the date of his or her conviction of being registered as an elector or of voting at any election under this Act or of being elected as the President or a Member, and if at that date he or she has been elected a Member, his or her election shall be vacated from the date of the conviction.

Nothing in this section affects the liability of any person to any penalty for an infringement of section 7 relating to plural voting.