Electoral Act 1985

In this section—

The

An authorised officer may, for the purpose of finding out whether the agent of a designated entity has complied with this Part, by notice served personally or by post on the agent or (in the case of a registered political party, third party or associated entity) any officer of the registered political party, third party or associated entity (as the case may be), require the agent or officer—

to produce, within the period and in the manner specified in the notice, the documents or other things referred to in the notice; or

to appear, at a time and place specified in the notice, before the authorised officer to give evidence, either orally or in writing, and to produce the documents or other things referred to in the notice.

If a notice under subsection (3) requires an officer of a registered political party, third party or associated entity (other than the agent) to appear before an authorised officer under subsection (3)(b), then the agent of the registered political party, third party or associated entity (as the case may be) is entitled—

to attend at the proceeding under subsection (3)(b);

to nominate another person in writing to attend on behalf of the agent.

Failure of the agent or nominee to attend under subsection (4) does not affect the powers of the authorised officer to conduct the proceeding under subsection (3)(b).

If an authorised officer has reasonable grounds to believe that a person is capable of producing documents or other things or giving evidence relating to a contravention, or possible contravention, of this Part, or relating to matters that are set out in, or are required to be set out in, a return under this Part, the authorised officer may, by notice served personally or by post on that person, require that person—

to produce, within the period and in the manner specified in the notice, such documents or other things as are referred to in the notice;

to appear, at a time and place specified in the notice, before the authorised officer to give evidence, either orally or in writing, and to produce such documents or other things as are referred to in the notice.

If—

an authorised officer has reasonable grounds to believe that a person is capable of producing documents or other things, or giving evidence, relating to whether an entity is, or was at a particular time, an associated entity; and

the person is, or has at any time been, the financial controller or an officer of the entity, the authorised officer may, by notice served personally or by post on the person, require the person—

to produce, within the period and in the manner specified in the notice, such documents or other things as are specified in the notice; or

to appear, at a time and place specified in the notice, before the authorised officer to give evidence, whether orally or in writing, and to produce the documents or other things specified in the notice.

The notice must not require the person to produce documents, or to appear, until after the end of the period of 14 days beginning on the day on which the notice was received, and must set out the person's right to request a review under subsection (9).

A person who is given a notice under subsection (7) may request that the Electoral Commissioner review the decision to issue the notice.

The request must be—

in writing; and

given to the Electoral Commissioner during the period of 14 days beginning on the day on which the notice was received.

The

review the decision as soon as practicable after receiving a request under subsection (9);

affirm, vary or set aside the decision; and

notify the person in writing of his or her decision on the review.

If a person requests a review of a decision, the person is not taken to have refused or failed to comply with the notice to which the review relates at any time before the Electoral Commissioner has notified the person of his or her decision on the review.

An authorised officer may require any evidence that is to be given to him or her in compliance with a notice under subsection (3),

or (7) to be given on oath or affirmation and for that purpose the authorised officer may administer an oath or affirmation.

A person must not, without reasonable excuse, refuse or fail to comply with a notice under this section to the extent that the person is capable of complying with the notice.

A person must not, in purported compliance with a notice under this section, give evidence that is, to the knowledge of the person, false or misleading in a material particular.

If—

an authorised officer has reasonable grounds for suspecting that there may be, at any time within the next following 24 hours, on any land or on or in any premises, vessel, aircraft or vehicle, a document or other thing that may afford evidence relating to a contravention of this Part; and

the authorised officer has reasonable grounds to believe that, if a notice under this section were issued for the production of the document or other thing, the document or other thing might be concealed, lost, mutilated or destroyed, the authorised officer may make an application to a magistrate for the issue of a warrant under subsection (17).

Subject to subsection (18), if an application under subsection (16) is made by an authorised officer to a magistrate, the magistrate may issue a warrant authorising the authorised officer or any other person named in the warrant, with such assistance as the officer or person thinks necessary and if necessary by force—

to enter on the land or on or into the premises, vessel, aircraft or vehicle; and

to search the land, premises, vessel, aircraft or vehicle for documents or other things that may afford evidence relating to a contravention of this Part, being documents or other things of a kind described in the warrant; and

to seize any documents or other things of the kind referred to in paragraph (b).

A magistrate may not issue a warrant under subsection (17) unless—

an affidavit has been furnished to the magistrate setting out the grounds on which the issue of the warrant is being sought; and

the authorised officer applying for the warrant or some other person has given to the magistrate, either orally or by affidavit, such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought; and

the magistrate is satisfied that there are reasonable grounds for issuing the warrant.

If a magistrate issues a warrant under subsection (17), the magistrate must state on the affidavit furnished in accordance with subsection (18) which of the grounds specified in that affidavit he or she has relied on to justify the issue of the warrant and particulars of any other grounds so relied on.

A warrant issued under subsection (17) must—

include a statement of the purpose for which the warrant is issued, which must include a reference to the contravention of this Part in relation to which the warrant is issued; and

state whether entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and

include a description of the kind of documents or other things authorised to be seized; and

specify a date, not being later than 1 month after the date of issue of the warrant, on which the warrant ceases to have effect.

If a document or other thing is seized by a person pursuant to a warrant issued under subsection (17)—

the person may retain the document or other thing for so long as is reasonably necessary for the purposes of the investigation to which the document or other thing is relevant; and

when the retention of the document or other thing by the person ceases to be reasonably necessary for those purposes, the person must cause the document or other thing to be delivered to the person who appears to be entitled to possession of it.