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REFERENDUM (MACHINERY PROVISIONS) ACT 1984 - SECT 110E

Electoral Commissioner 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:

  (a)   assessing compliance with section   110C; or

  (b)   investigating a possible contravention of section   110CA.

  (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; or

  (c)   to make copies of any such documents and to produce to the Commissioner, within the period and in the manner specified in the notice, those copies.

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.

  (4A)   A person or entity commits an offence if:

  (a)   the person or entity is given a notice under subsection   (2); and

  (b)   the person or entity does an act or omits to do an act; and

  (c)   the act or omission contravenes the notice.

Penalty:   200 penalty units.

Content of notice

  (5)   A notice given to a person under this section must set out the effect of subsection   (4A) of this section and sections   137.1 and 137.2 of the Criminal Code (false or misleading information or documents).

Copying documents--reasonable compensation

  (6)   A person is entitled to be paid by the Commonwealth reasonable compensation for complying with a requirement covered by paragraph   (2)(c).



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