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Electoral Act 2004
216Investigation notices generally
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216 Investigation notices generally
(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
(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:
(b) nominate someone else to attend on the reporting agent's
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(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:
(b) nominate someone else to attend on the financial controller's
(7) Subsection (8) 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:
(b) nominate someone else to attend on the reporting agent's
(9) The Commission may conduct the investigation even though the
person to whom the investigation notice was given contravenes the
(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.
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