Providing information etc. to electoral officials
51 Providing information etc. to electoral officials
An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:
to give to the electoral official, within the period (being a 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 electoral 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 the person 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).
Penalty: 30 penalty units.
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.
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 52(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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