Document ID: chunk:federal_register_of_legislation:C2025C00128:section:109n
Version: federal_register_of_legislation:C2025C00128
Segment Type: section
Provision Reference: s 109N
Character Range: 225978–228205

109N  Electoral Commission may obtain information and documents from persons
 (1) This section applies to a person if the Electoral Commissioner has reason to believe that the person has information or a document that is relevant to assessing compliance with this Part.
 (2) The Electoral Commissioner may, by written notice given to the person, require the person:
 (a) to give to the Commissioner, within the period and in the manner and form specified in the notice, any such information; or
 (b) to produce to the Commissioner, within the period and in the manner specified in the notice, any such documents.

Matters to which regard must be had before giving notice
 (3) Before giving a person a notice under subsection (2), the Electoral Commissioner must have regard to the costs, in complying with any requirement in the notice, that would be likely to be incurred by the person.
 (4) Subsection (3) does not limit the matters to which regard may be had.

Offence
 (5) A person commits an offence if:
 (a) the person is given a notice under subsection (2); and
 (b)  the person fails to comply with the notice.
Penalty: Imprisonment for 6 months or 10 penalty units, or both.

Content of notice
 (6) A notice given to a person under this section must set out the effect of subsection (5) of this section and sections 137.1 and 137.2 of the Criminal Code (false or misleading information or documents).

Review
 (7) A person who is given a notice under subsection (2) 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.
 (8) The Electoral Commission must:
 (a) review the decision as soon as practicable after receiving a request under subsection (7); and
 (b) affirm, vary or set aside the decision; and
 (c) notify the person in writing of its decision on the review.
 (9) 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.