Industrial Relations Regulation 2018

This section applies if—

the registrar has notified the electoral commission of an application for a ballot for a proposed amalgamation or withdrawal; and

the electoral commission has, by written notice, appointed an electoral officer as manager of the ballot; and

the manager considers the following are reasonably necessary for a ballot that is or may be required because of the application—

information within the knowledge of an officer of an existing organisation, amalgamated organisation or constituent part;

documents in the officer’s custody or control or to which the officer has access.

The manager may, by written notice, require the officer to—

give the manager information within the officer’s knowledge; and

produce the following to the manager—

documents in the officer’s custody or control; or

documents to which the officer has access.

The notice must state—

if it requires the officer to give information—

the information required; and

a period, of at least 7 days, in which the information is to be given; and

a reasonable way of giving it; and

if it requires the officer to produce documents—

the documents required; and

a reasonable period, of at least 7 days, in which the documents are to be produced; and

a reasonable place at which the documents are to be produced.

The officer must not contravene the notice, unless the officer has a reasonable excuse.Maximum penalty—20 penalty units.

It is a reasonable excuse for the officer not to comply with the notice if doing so might tend to incriminate the officer.

In this section—officer, of an organisation, includes an employee of the organisation.