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s 175X

Lodging incomplete disclosure documents

In force
Part 6Electoral finance and disclosure of political contributions, income and expenditure
Division 5Miscellaneous

175X Lodging incomplete disclosure documents

(1)

If a person who is required to lodge a disclosure document under this Part cannot complete the document because the person is unable to obtain particulars that are required for the preparation of the document, the person may —

(a)

prepare the document to the extent that it is possible to do so without those particulars; and

(b)

lodge the document so prepared; and

(c)

give to the Electoral Commissioner written notice —

(i)

identifying the document; and

(ii)

stating that the document is incomplete by reason that the person is unable to obtain certain particulars; and

(iii)

identifying those particulars; and

(iv)

setting out the reasons why the person is unable to obtain those particulars; and

(v)

if the person believes, on reasonable grounds, that another person whose name and address the person knows can give those particulars, stating that belief and the reasons for it and the name and address of that other person.

(2)

A person who lodges a disclosure document under this Part and gives a notice under subsection (1)(c) does not, for the purposes of section 175U(2), lodge a disclosure document that is incomplete by reason of the omission of the particulars identified under subsection (1)(c)(iii).

(3)

If the Electoral Commissioner has been informed under subsection (1)(c)(v) or (4)(e) that a person can supply particulars that have not been included in a disclosure document, the Electoral Commissioner may, by written notice served on the person, require the person to supply those particulars to the Electoral Commissioner, in writing, within the time specified in the notice.

(4)

If a person who is required to supply particulars under subsection (3) is unable to obtain some or all of the particulars, the person must give to the Electoral Commissioner a written notice —

(a)

setting out the particulars (if any) that the person is able to give; and

(b)

stating that the person is unable to obtain some or all of the particulars; and

(c)

identifying the particulars the person is unable to obtain; and

(d)

setting out the reasons why the person is unable to obtain those particulars; and

(e)

if the person believes, on reasonable grounds, that another person whose name and address the person knows can give those particulars, stating that belief and the reasons for it and the name and address of that other person.

(5)

A person who gives a notice under subsection (4) does not, for the purposes of section 175U(2), lodge a disclosure document that is incomplete by reason of the omission of the particulars identified under subsection (4)(c).

[Section 175X inserted: No. 30 of 2023 s. 150.]

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