44Direction by Electoral Commission to lodge certain records

44 Direction by Electoral Commission to lodge certain records

44 Direction by Electoral Commission to lodge certain records

(1) If a Part 3 declaration or a claim for a Part 4 payment is not validly lodged or is, in the opinion of the Electoral Commission, incorrect in a material particular, the Electoral Commission may by notice in writing require—

(a) a current or former elected member or candidate (including lead candidate of a group), or

(b) a current or former party agent of a party,

to lodge with the Electoral Commission within the time specified in the notice such records as the Electoral Commission may require of political donations made or received or electoral expenditure incurred by the party, group, elected member or candidate concerned.

(2) A person must not fail, without reasonable excuse, to comply with any such requirement.

Maximum penalty—20 penalty units.

(3) The Electoral Commission may copy any records lodged with it which it considers may be of assistance in determining—

(a) the reason why a Part 3 declaration or a claim for a Part 4 payment was not validly lodged, or

(b) whether, in a Part 3 declaration or a claim for a Part 4 payment, the party agent of a party, elected member or candidate has made a statement that is false or misleading in a material particular.

cl 44: Am 2019 (5), Sch 2 [3].