With the Federal Election in one month’s time, it is important to be up to date on the rules and regulations surrounding your rights as a voter. On May 21st Australian’s will band together around the country at schools, churches, and community centres to cast their votes in the 2022 Federal Election.

It is essential to note that under Australian Federal Law it is mandated that every Australian citizen over the age 18 must vote in all Federal, State and Local elections. If you are already enrolled to vote and you have not recently changed your address, you are not required to re-enrol and if you are unsure of your enrolment status you can check your eligibility with the Australian Electoral Commission.

The official cut-off date for Australian’s wishing to enrol to vote in the coming Federal election was April 18, 2022. While failure to vote (or enrol to vote) does carry a penalty- $20; there are provisions under the Commonwealth Electoral Act s245(5) which allow fines for failure to vote to be re-examined. Under these provisions, the Divisional Returning Office (DRO) has the discretion to pardon the fine for a number of reasons.

It is however essential that if you do receive a fine for failure to vote you lodge your appeal or pay the fine promptly as the Australian Electoral Commission has the power to issue a further penalty of $222 for failure to pay the initial $20 fine.  

If you or someone you know needs legal advice or representation for a criminal or traffic law matter, contact the team at Hamilton Janke Lawyers 24/7 by calling 4038 1666.


Written By
Maggie Endacott
Maggie Endacott

Maggie Endacott is a final year law student at the University of Newcastle with a bachelors degree in Political Science. She has a strong interest in criminal law and hopes to work in the field of criminal defence upon graduating.

Reviewed By
James Janke
James Janke

James Janke is founding partner at Hamilton Janke Lawyers, and has more then decade of experience as a Criminal Defence Lawyer. Admitted to both the Supreme Court of New South Wales and High Court of Australia

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