Document ID: chunk:federal_register_of_legislation:C2004A01041:clause:1b_202:p1
Version: federal_register_of_legislation:C2004A01041
Segment Type: clause
Provision Reference: sch 1B cl 202 (pt 1/2)
Character Range: 279543–282263

202  Federal Court may authorise Industrial Registrar to take certain action

 (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the Industrial Registrar to arrange, for the purposes of the inquiry, for a designated Registry official to take any action referred to in subsection (2).

 (2) If a Registry official is designated by the Industrial Registrar for the purposes of subsection (1), the actions that the official may take are as follows:
 (a) inspecting election documents;
 (b) for the purposes of any such inspection, entering, with such assistance as he or she considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which he or she believes election documents to be;
 (c) giving a written notice to a person requiring the person to deliver to him or her, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;
 (d) taking possession of any election documents;
 (e) retaining any election documents delivered to him or her, or of which he or she has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.

 (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.

 (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.

 (5) A person commits an offence if the person:
 (a) contravenes a requirement made under paragraph (2)(c); or
 (b) hinders or obstructs the Industrial Registrar, or a person acting on his or her behalf, in the exercise of powers under subsection (2).

Maximum penalty: 30 penalty units.

 (6) Strict liability applies to paragraph (5)(a).

Note: For strict liability, see section 6.1 of the Criminal Code.

 (7) Paragraph (5)(a) does not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.

 (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.

 (9) However:
 (a) producing the document; or
 (b) any information, document or