COMMONWEALTH ELECTORAL ACT 1918 - SECT 319A Amendment of claims and returns

COMMONWEALTH ELECTORAL ACT 1918 - SECT 319A

  (1)   Where the Electoral Commissioner is satisfied that a claim or return under this Part   contains a formal error or is subject to a formal defect, the Commissioner may amend the claim or return to the extent necessary to correct the error or remove the defect.

  (2)   A person who has furnished a return under this Part may request the permission of the Electoral Commission to make a specified amendment of the return for the purpose of correcting an error or omission.

  (2A)   If the return was furnished by:

  (aa)   a member of the House of Representatives or a Senator; or

  (a)   the agent of a registered political party; or

  (b)   the financial controller of a significant third party or associated entity; or

  (c)   a third party;

the request under subsection   (2) may be made by:

  (d)   the person who furnished the return; or

  (e)   the person who is currently registered as the agent or nominated as a financial controller; or

  (f)   for a third party--any person who is a member, agent or officer (however described) of the third party who, acting in the person's actual or apparent authority, has authority to furnish a return.

  (3)   A request under subsection   (2) shall:

  (a)   be by notice in writing signed by the person making the request; and

  (b)   be lodged with the Electoral Commission.

  (4)   Where:

  (a)   a request has been made under subsection   (2); and

  (b)   the Electoral Commission is satisfied that there is an error in, or omission from, the return to which the request relates;

the Commission shall permit the person making the request to amend the return in accordance with the request.

  (5)   Where the Electoral Commission decides to refuse a request under subsection   (2), the Commission shall give to the person making the request written notice of the reasons for the decision.

  (6)   An officer authorised for the purpose by the Electoral Commission may exercise the power of the Commission under subsection   (4).

  (7)   Where an officer acting under subsection   (6) decides to refuse a request under subsection   (2):

  (a)   subsection   (5) applies as if the officer were the Electoral Commission; and

  (b)   the person who made the request may, by notice in writing lodged with the Commission within 28 days after notice of the refusal was given, request the Commission to review the decision.

  (8)   Where a request is made under subsection   (7), the Electoral Commission shall review the decision to which the request relates and make a fresh decision.

  (9)   The amendment of a return under this section does not affect whether a civil penalty order may be made against a person because of a contravention of a civil penalty provision in this Part arising out of the furnishing of the return.