Section 43

Every elector must record his or her vote at each election in the division for which he or she is registered.

The Returning Officer must, at the close of each election, prepare a list of the numbers, names and descriptions as stated in the register of electors of such electors as have failed to vote at the election and certify the list under the hand of the Returning Officer.

Despite section 49(9) to (12), it is lawful for the Returning Officer to break the seals of packets containing the marked copies of the registers of electors and to inspect and retain those copies for the purpose of preparing the list referred to in subsection (2) and of any inquiries connected therewith.

The list prepared by the Returning Officer under subsection (2) must be forwarded by the Returning Officer to the Registration Officer.

Despite any other provisions of this Act, the Registration Officer must on receipt of such list cause the names of all persons appearing in the list to be expunged from the register.

The Registration Officer must give notice in the Gazette that such list has been received by him or her from the Returning Officer and that the list or copies of the list are open for inspection at all reasonable hours of the day at the office of the Registration Officer and at such other place or places in or near each electoral division and at such overseas registration centres as may be specified in the notice.

Every person whose name appears on the list of which notice has been given by the Registration Officer under subsection (6) may make a written application for the restoration of his or her name to the register of electors.

If any applicant under subsection (7) satisfies the Registration Officer that the applicant has a good and sufficient reason for not having recorded his or her vote, the applicant’s name must be restored to the register without penalty.

Where the applicant does not satisfy the Registration Officer under subsection (8), the applicant’s name must be restored to the register on payment of the sum of $50 to the Registration Officer.

Any name to be restored to the register under subsection (8) or (8A) must, except as otherwise provided in subsection (11), be restored on the day after the Registration Officer has satisfied himself or herself that the applicant has a good and sufficient reason for not recording his or her vote or on the day after the payment of the sum of $50 to the Registration Officer, as the case may be.

Where any person whose name is to be restored to the register under subsection (8) or (8A) has notified the Commissioner of National Registration of any change in the person’s address and it appears from such change of address that the person is no longer residing in the same electoral division, the person’s name must be restored to the appropriate register of the electoral division in which he or she is residing.

Where a writ of election has been issued under section 24 for an election in any electoral division, no name may be restored to the register of that division until after nomination day or, if a poll is to be taken, until after polling day.