Commonwealth Electoral Act 1918

This section applies if an authorised officer reasonably believes that a person is capable of giving information, or producing a document or other thing, that is relevant for the purposes of ensuring compliance with:

this Part; or

the Criminal Code to the extent that it relates to this Part.

The authorised officer may, by written notice given to the person, require the person:

to give to the authorised officer, within the period and in the manner and form specified in the notice, any such information; or

to produce to the authorised officer, within the period and in the manner and form specified in the notice, any such document or other thing; or

to answer questions asked by the authorised officer, at the date and time, and by the means, specified in the notice.

This may include a requirement to produce information or documents relating to a federal account or federal administrative account kept for the purposes of this Part.

If paragraph (2)(a) or (b) applies, the period specified in the notice must be at least 14 days, but not longer than 30 days, after the notice is given.

If paragraph (2)(c) applies, the date specified in the notice must be at least 14 days after the notice is given.

A notice given to a person under subsection (2) must set out the effect of:

subsection (6) of this section (right to request review); and

subsections (14), (15) and (16) of this section (failure to comply with notice); and

sections 137.1 and 137.2 of the Criminal Code (false or misleading information or documents).

A person who is given a notice under subsection (2) may request that the Electoral Commission review the decision to issue the notice. The request must be:

in writing; and

given to the Electoral Commission before the end of the period or before the date for complying with the notice (or if both a period and a date are specified, before whichever is later).

The Electoral Commission must:

review the decision as soon as practicable after receiving the request; and

affirm, vary or set aside the decision; and

if the Electoral Commission affirms or varies the decision—specify a longer period or a later date for complying with the notice; and

give the person written notice of:

its decision on the review; and

if paragraph (c) applies—that period or the date, time and place, as applicable.

Subject to any extensions the Electoral Commission considers reasonable in the circumstances, subsections (3) and (4) apply to the period or date specified by the Electoral Commission in a notice under subsection (7) in the same way as they apply to a notice under subsection (2).

Paragraphs (5)(b) and (c) apply to a notice given by the Electoral Commission under subsection (7) in the same way as they apply to a notice under subsection (2).

If a person requests a review of a decision, the person is not required to comply with a notice at any time before the Electoral Commission notifies the person of its decision on the review.

The authorised officer may require answers provided under paragraph (2)(c) to be verified by, or given on, oath or affirmation and provided either orally or in writing.

The authorised officer may administer the oath or affirmation.

A person contravenes this subsection if:

the person is given a notice under this section; and

the person fails to comply with the notice.

A person commits an offence if the person contravenes subsection (13).

A person commits an offence of strict liability if the person contravenes subsection (13).

A person is liable to a civil penalty if the person contravenes subsection (13).