Electoral Act 2004

(1) The

Commission may conduct an investigation into compliance with this

Part.

(2) For the investigation, the Commission may give a notice (an investigation notice) in relation to a reporting agent or prescribed person to:

(a) the agent or prescribed person; or

(b) for the reporting agent of a registered party – any officer, employee or representative of the party; or

(c) for a prescribed person that is a corporation – any of its officers or employees; or

(d) anyone else the Commission reasonably believes can produce a document or anything else, or give evidence, about anyone's compliance with this

Part.

(3) The investigation notice must require the person to whom it is given to:

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

(b) appear, at a time and place stated in the notice, before an officer to do the following:

(i) give evidence orally or in writing;

(ii) to produce a document or something else stated in the notice.

(4) The time stated in the investigation notice must be not earlier than 28 days after the person receives the notice.

(5) If the investigation notice requires an officer, employee or representative of a registered party other than its reporting agent to appear before an officer, the reporting agent of the party is entitled to:

(a) attend the investigation; or

(b) nominate someone else to attend on the reporting agent's behalf.

(6) If the investigation notice requires someone other than the financial controller of an associated entity to appear before an officer in relation to an investigation into the entity, the financial controller is entitled to:

(a) attend the investigation; or

(b) nominate someone else to attend on the financial controller's behalf.

(7) Subsection

applies if:

(a) the investigation notice relates to an investigation into:

(i) a return given to the Commission under section 191 by the reporting agent of a candidate; or

(ii) a failure of a reporting agent of a candidate to give the Commission a return under this Part within the time required; and

(b) the notice requires someone other than the reporting agent to appear before an officer.

(8) The reporting agent is entitled to:

(a) attend the investigation; or

(b) nominate someone else to attend on the reporting agent's behalf.

(9) The

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

(10) The

Commission may require the person to whom the investigation notice has been given to give evidence on oath.

(11) In this section:

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