Providing information etc. to electoral officials
103 Providing information etc. to electoral officials
An electoral official may, if:
it is reasonably necessary for the purposes of a ballot that may be, or is, required to be held; and
the official is authorised by the AEC under this section for the purposes of the ballot;
require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:
to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and
to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.
An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).
An offence against subsection (2) is an offence of strict liability.
For strict liability, see section 6.1 of the Criminal Code.
Subsection (2) does not apply if the person has a reasonable excuse.
A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.
Penalty: 30 penalty units.
A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.
However:
giving the information or producing or making available the document; or
any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;
is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).
If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.
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