sec.130AFunctions and powers of authorised officers etc.

### sec.130A Functions and powers of authorised officers etc. The purpose of this division is to ensure the electoral commission has available to it suitably qualified persons who can help the electoral commission properly deal with issues about compliance under this part. The functions of an authorised officer under the Electoral Act 1992 , part 11 , also include the following functions (the further functions )— to investigate and enforce compliance with this part; to investigate whether an occasion has arisen for the exercise of powers under this part; to facilitate the exercise of powers under this part. For the performance of the further functions by an authorised officer— the authorised officer may exercise the officer’s powers under the Electoral Act 1992 , part 11 , divisions 15 to 18 ; and on an application by the authorised officer, a magistrate may issue a warrant for a place under section 336 of that Act only if the magistrate is satisfied there are reasonable grounds for suspecting— there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this part; and the evidence is at the place or, within the next 7 days, will be at the place; and the electoral commissioner may decide a seized thing is forfeited to the State under section 354 of that Act; and the authorised officer must comply with part 11 , division 19 , subdivision 1 of that Act; and a person who incurs a loss because of the exercise, or purported exercise, of a power mentioned in paragraph (a) may apply for compensation under section 367 of that Act; and the electoral commissioner, an authorised officer and a person acting under the authority or direction of an authorised officer are each a designated person for section 372 of that Act; and a reference in part 11 of that Act to an offence against that part is taken to be a reference to an offence against this part; and a person who is given an information notice under part 11 of that Act has a right to appeal under section 374 of that Act. s 130A ins 2014 No. 44 s 89 amd 2023 No. 8 s 49 (sec.130A-ssec.1) The purpose of this division is to ensure the electoral commission has available to it suitably qualified persons who can help the electoral commission properly deal with issues about compliance under this part. (sec.130A-ssec.2) The functions of an authorised officer under the Electoral Act 1992 , part 11 , also include the following functions (the further functions )— to investigate and enforce compliance with this part; to investigate whether an occasion has arisen for the exercise of powers under this part; to facilitate the exercise of powers under this part. (sec.130A-ssec.3) For the performance of the further functions by an authorised officer— the authorised officer may exercise the officer’s powers under the Electoral Act 1992 , part 11 , divisions 15 to 18 ; and on an application by the authorised officer, a magistrate may issue a warrant for a place under section 336 of that Act only if the magistrate is satisfied there are reasonable grounds for suspecting— there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this part; and the evidence is at the place or, within the next 7 days, will be at the place; and the electoral commissioner may decide a seized thing is forfeited to the State under section 354 of that Act; and the authorised officer must comply with part 11 , division 19 , subdivision 1 of that Act; and a person who incurs a loss because of the exercise, or purported exercise, of a power mentioned in paragraph (a) may apply for compensation under section 367 of that Act; and the electoral commissioner, an authorised officer and a person acting under the authority or direction of an authorised officer are each a designated person for section 372 of that Act; and a reference in part 11 of that Act to an offence against that part is taken to be a reference to an offence against this part; and a person who is given an information notice under part 11 of that Act has a right to appeal under section 374 of that Act. - (a) to investigate and enforce compliance with this part; - (b) to investigate whether an occasion has arisen for the exercise of powers under this part; - (c) to facilitate the exercise of powers under this part. - (a) the authorised officer may exercise the officer’s powers under the Electoral Act 1992 , part 11 , divisions 15 to 18 ; and - (b) on an application by the authorised officer, a magistrate may issue a warrant for a place under section 336 of that Act only if the magistrate is satisfied there are reasonable grounds for suspecting— (i) there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this part; and (ii) the evidence is at the place or, within the next 7 days, will be at the place; and - (i) there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this part; and - (ii) the evidence is at the place or, within the next 7 days, will be at the place; and - (c) the electoral commissioner may decide a seized thing is forfeited to the State under section 354 of that Act; and - (d) the authorised officer must comply with part 11 , division 19 , subdivision 1 of that Act; and - (e) a person who incurs a loss because of the exercise, or purported exercise, of a power mentioned in paragraph (a) may apply for compensation under section 367 of that Act; and - (f) the electoral commissioner, an authorised officer and a person acting under the authority or direction of an authorised officer are each a designated person for section 372 of that Act; and - (g) a reference in part 11 of that Act to an offence against that part is taken to be a reference to an offence against this part; and - (h) a person who is given an information notice under part 11 of that Act has a right to appeal under section 374 of that Act. - (i) there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this part; and - (ii) the evidence is at the place or, within the next 7 days, will be at the place; and