(2) Despite subsection (1),
information may be divulged--
(a) to a particular person or persons, if the
Electoral Commissioner certifies that it is necessary in the public interest
that the information be divulged to the person or persons, or
(b) to a person
who is expressly or impliedly authorised to obtain it by the person to whom
the information relates.
(3) A person cannot be required--
(a) to produce in
any court any document or other thing that has come into the person's
possession, custody or control by reason of, or in the course of, the exercise
of the person's functions under Division 5, or
(b) to divulge to any court
any information that has come to the person's notice in the exercise of the
person's functions under Division 5.
(4) Despite subsection (3), a person may
be required to produce a document or other thing in a court or to divulge
information to a court if--
(a) the Electoral Commissioner certifies that it
is necessary in the public interest to do so, or
(b) a person to whom the
information relates (or to whom the information contained in the document or
thing relates) has expressly authorised it to be divulged to or produced in
the court.
(5) A person or body to whom or which information is divulged
under subsection (2), and a person or employee under the control of that
person or body, are, in respect of that information, subject to the same
rights, privileges and duties under this section as they would be if that
person, body or employee were a person exercising functions under Division 5
and had acquired the information in the exercise of those functions.
(6) The
annual report of the Electoral Commission is to include a report on any
disclosure of information under subsection (2) (a) or (4) (a) during the
reporting year.
Note : Subsections (2) (a) and (4) (a) allow information to be
divulged or documents or other things produced in a court if the
Electoral Commissioner certifies that it is necessary in the public interest
to do so.
(7) In this section--
"court" includes any tribunal, authority or person having power to require the
production of documents or the answering of questions.
"produce" includes permit access to.
Note : Divisions 6 and 7 deal with
public inspection of authorised rolls and lists of electors and the provision
of enrolment information to parties, members of Parliament, candidates and
other persons.
