Document ID: chunk:federal_register_of_legislation:C2023A00011:clause:4_109v:p1
Version: federal_register_of_legislation:C2023A00011
Segment Type: clause
Provision Reference: sch 4 cl 109V (pt 1/2)
Character Range: 52735–55377

109V  Inability to complete returns
 (1) If a person who is required to give a return under section 109E, 109F or 109G considers that it is impossible to complete the return because the person is unable to obtain particulars that are required for the preparation of the return, the person may:
 (a) prepare the return to the extent that it is possible to do so without those particulars; and
 (b) give the return so prepared; and
 (c) give to the Electoral Commission notice in writing:
 (i) identifying the return; and
 (ii) stating that the return is incomplete by reason that the person is unable to obtain certain particulars; and
 (iii) identifying those particulars; and
 (iv) setting out the reasons why the person is unable to obtain those particulars; and
 (v) if the person believes, on reasonable grounds, that another person whose name and address the person knows can give those particulars—stating that belief and the reasons for it and the name and address of that other person.
 (2) A person who complies with subsection (1) is not, by reason of the omission of those particulars, to be taken, for the purposes of this Part, to have given a return that is incomplete.
 (3) If the Electoral Commission has been informed under paragraph (1)(c) or subsection (5) that a person can supply particulars that have not been included in a return, the Electoral Commission may, by notice in writing served on that person, require the person to provide to the Electoral Commission, within the period specified in the notice and in writing, those particulars and, subject to subsection (5), the person must comply with that requirement.
 (4) Particulars that were not provided in a return under section 109E, 109F or 109G that are provided under subsection (3) of this section are, for the purposes of this Part, taken to be a return provided under section 109E, 109F or 109G (as the case may be).
 (5) If a person who is required to give particulars under subsection (3) considers that the person is unable to obtain some or all of the particulars, the person must give to the Electoral Commission a written notice:
 (a) setting out the particulars (if any) that the person is able to give; and
 (b) stating that the person is unable to obtain some or all of the particulars; and
 (c) identifying the particulars the person is unable to obtain; and
 (d) setting out the reasons why the person considers they are unable to obtain those particulars; and
 (e) if the person believes, on reasonable grounds, that another person whose name and address the person knows can give those particulars—setting out the name and address of that other