Document ID: chunk:federal_register_of_legislation:C2004A00347:clause:1_153
Version: federal_register_of_legislation:C2004A00347
Segment Type: clause
Provision Reference: sch 1 cl 153
Character Range: 45496–47406

153  After subsection 316(3)
Insert:

 (3A) If:
 (a) an authorised officer has reasonable grounds to believe that a person is capable of producing documents or other things, or giving evidence, relating to whether an entity is, or was at a particular time, an associated entity; and
 (b) the person is, or has at any time been, the financial controller or an officer of the entity;
the authorised officer may, by notice served personally or by post on the person, require the person:
 (c) to produce, within the period and in the manner specified in the notice, such documents or other things as are specified in the notice; or
 (d)  to appear, at a time and place specified in the notice, before the authorised officer to give evidence, whether orally or in writing, and to produce the documents or other things specified in the notice.
The notice must not require the person to produce documents, or to appear, until after the end of the period of 14 days beginning on the day on which the notice was received, and must set out the person's right to request a review under subsection (3B).

 (3B) A person who is given a notice under subsection (3A) may request that the Electoral Commission review the decision to issue the notice. The request must be:
 (a)  in writing; and
 (b) given to the Electoral Commission during the period of 14 days beginning on the day on which the notice was received.

 (3C) The Electoral Commission must:
 (a) review the decision as soon as practicable after receiving a request under subsection (3B); and
 (b) affirm, vary or set aside the decision; and
 (c) notify the person in writing of its decision on the review.

 (3D) If a person requests a review of a decision, the person is not taken to have refused or failed to comply with the notice to which the review relates at any time before the Electoral Commission has notified the person of its decision on the review.