Document ID: chunk:federal_register_of_legislation:C2024C00345:section:191
Version: federal_register_of_legislation:C2024C00345
Segment Type: section
Provision Reference: s 191
Character Range: 313288–314653

191  Organisation to provide returning officer with copy of register
 (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.
 (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).
Penalty: 30 penalty units.
 (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.
Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (3).
 (4) An offence against subsection (2) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.
 (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.