138Power to require provision of documents and information

138 Power to require provision of documents and information

138 Power to require provision of documents and information

(cf section 110A EFED Act)

(1) The Electoral Commission may, by notice in writing to a person, require the person—

(a) to provide such information as the Electoral Commission reasonably requires for the purposes of the enforcement of this Act, or

(b) to produce to the Electoral Commission, at the place and time specified in the notice, any document that the Electoral Commission reasonably requires for the purposes of the enforcement of this Act, or

(c) to answer questions about any matters in respect of which information is reasonably required for the purposes of the enforcement of this Act, or

(d) to attend at a specified place and time to answer questions under this section if attendance at that place is reasonably required in order that the questions can be properly put and answered.

(2) The place and time at which a person may be required to produce a document, or to attend and answer questions, is to be a place and time nominated by the Electoral Commission that is reasonable in the circumstances.

(3) A notice under this section that requires a person to produce a document may only require a person to produce existing documents that are in the person’s possession or that are within the person’s power to obtain lawfully.

(4) The Electoral Commission may take copies of any documents provided under this section.

(5) If the Electoral Commission has reason to believe that any documents provided under this section are evidence of an offence against this Act or the regulations, the Electoral Commission may retain the documents until proceedings for the offence have been heard and determined.

(6) A person who, without reasonable excuse, fails to comply with a requirement made of the person under this section is guilty of an offence.

Maximum penalty—200 penalty units.

(7) A person who provides any document or information, or answers any question, in purported compliance with a requirement made under this section, knowing that the document, information or answer is false or misleading in a material particular, is guilty of an offence.

Maximum penalty—400 penalty units or imprisonment for 2 years, or both.