Function of investigating matters referred by Electoral Commission
13A Function of investigating matters referred by Electoral Commission
The Commission has the function of investigating conduct that may involve possible criminal offences under the Electoral Act 2017, the Electoral Funding Act 2018 or the Lobbying of Government Officials Act 2011 that the Electoral Commission refers to the Commission for investigation under this section.
The Electoral Commission may refer any such conduct to the Commission for investigation—
if there are reasonable grounds to suspect that the conduct may involve a possible criminal offence to which this section applies (as set out in subsection (9)), or
if the conduct is related to possible corrupt conduct that the Commission is already investigating,
whether or not the time within which proceedings for the possible criminal offence may be instituted has expired.
After a preliminary investigation, the Commission is to discontinue the investigation if—
the conduct does not involve any possible criminal offence to which this section applies and is not related to possible corrupt conduct that the Commission is already investigating, and the Commission is not otherwise authorised to investigate the conduct, or
the Commission determines it should not carry out any further investigation.
Conduct may be referred under this section to the Commission for investigation whether or not it involves corrupt conduct. The fact that the conduct could be so referred does not prevent the Commission from investigating the conduct without a referral if it is otherwise authorised by this Act to do so.
The following matters are to be taken into account in determining whether conduct should be referred under this section for investigation and, if referred, whether the Commission should investigate—
the primary responsibility of the Electoral Commission to investigate and prosecute the possible criminal offences concerned,
the seriousness or systemic nature of the matter being investigated,
the complexity of the matter being investigated,
the relationship between the matter being investigated and any other ongoing investigation of the Electoral Commission,
the relationship between the matter being investigated and any other ongoing investigation of the Commission,
the availability of any other public authority or official with the responsibility or jurisdiction to investigate or prosecute the possible criminal offences concerned,
any other relevant matter.
The Electoral Commission, when it refers conduct for investigation under this section, must provide the Commission with a statement of the reasons it referred the matter for investigation.
The Commission, when it determines to investigate conduct referred under this section after a preliminary investigation, must provide the Electoral Commission with a statement of the reasons it determined to investigate the conduct.
A report of the Commission under section 74 that relates to an investigation under this section is to include the statements of reasons under subsections (6) and (7) in relation to the investigation.
This section applies to the following criminal offences—
Electoral Funding Act 2018—
section 138 (7) (Provision of false or misleading documents and information),
section 141 (Offences relating to disclosures of political donations and electoral expenditure),
section 142 (Offences relating to assisting others lodging claims or disclosures),
section 143 (Offences relating to caps on donations and expenditure),
section 144 (1) (Offence relating to scheme to circumvent the donation or expenditure prohibitions or restrictions),
section 145 (1) (Unlawful acts relating to donations etc),
section 146 (False or misleading information),
Electoral Act 2017—
section 72 (False statements),
section 95 (4) (False child protection declarations),
section 128 (4) (Questions to be put if voter challenged),
section 160 (Protection of computer hardware and software),
section 183 (Printing, publishing and distributing non-complying electoral material),
section 189 (Encouraging ticks or crosses on ballot papers),
section 209 (Electoral bribery, treating and selling of votes),
section 210 (Interference with right to vote),
section 212 (Impersonation and multiple voting),
section 215 (Display, publish or distribute material falsely appearing to be made by Electoral Commission),
section 216 (False or misleading declaration and statements),
section 218 (Forging or uttering electoral papers),
section 219 (Offence of stuffing ballot box),
Lobbying of Government Officials Act 2011—
section 15 (Ban on success fees),
section 18 (Cooling-off period for ex-Ministers and ex-Parliamentary Secretaries),
an offence against any of the above Acts, or the regulations under any of the above Acts, that is prescribed by the regulations for the purposes of this section.
Section 117 (4) does not apply to a regulation made under paragraph (d).
This provision refers to the regulations (the regulations
, prescribed by the regulations
, a regulation
). Made under this Act:
This Act’s bill:Explanatory memorandum
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