Electoral Act 1992

In this section:

prescribed person means a person who, in the commissioner’s opinion, is or may be required to give the commissioner a return under this part in relation to an election.

The commissioner may conduct an investigation into compliance with this part.

For an investigation, the commissioner may give a notice (an investigation notice) in relation to a reporting agent or prescribed person to—

the agent or prescribed person; or

for the reporting agent of a party—any officer, employee or representative of the party; or

for a prescribed person that is a corporation—any of its officers or employees; or

anyone else the commissioner has reasonable grounds for believing can produce a document or anything else, or give evidence, about anyone’s compliance with this part.

Note For how documents may be given, see Legislation Act 2001, pt 19.5.

The investigation notice must require the person to whom it is given—

to produce to the commissioner, within the time and in the way stated in the notice, a document, or something else, stated in the notice; or

to appear, at a time and place stated in the notice, before the commissioner to give evidence, orally or in writing, and to produce a document, or something else, stated in the notice.

The time stated in the notice must be not earlier than 28 days after the notice is given to the person.

If the investigation notice requires an officer, employee or representative of a party other than its reporting agent to appear before the commissioner, the reporting agent of the party is entitled—

to attend the investigation; or

to nominate someone else to attend on the reporting agent’s behalf.

If the investigation notice requires someone other than the financial controller of an associated entity to appear before the commissioner in relation to an investigation into the entity, the financial controller is entitled—

to attend the investigation; or

to nominate someone else to attend on the financial controller’s behalf.

If—

an investigation notice relates to an investigation into—

a return given to the commissioner under this part by the reporting agent of an MLA; or

a failure of a reporting agent of an MLA to give the commissioner a return under this part within the time required; and

the notice requires someone other than the reporting agent of the MLA to appear before the commissioner;

the reporting agent is entitled—

to attend the investigation; or

to nominate someone else to attend on the reporting agent’s behalf.

The commissioner may conduct the investigation even though the person to whom the notice was given contravenes the notice.

The commissioner may require a person to whom an investigation notice has been given to give evidence on oath, and for that purpose may administer an oath.

Note For the taking of an oath or the making of an affirmation, see the Oaths and Affirmations Act 1984.