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LOCAL GOVERNMENT ACT 1993 - SECT 282 Electoral Commissioner may require information

LOCAL GOVERNMENT ACT 1993 - SECT 282

Electoral Commissioner may require information

(1)  If the Electoral Commissioner has reason to believe that a person is in possession of information or records relating to electoral advertising, the Electoral Commissioner may, by written notice, require–
(a) the person to provide that information; or
(b) the person to produce for inspection any of those records, at a specified time and place; or
(c) the person to answer any question relating to that advertising; or
(d) any person who was a party to the compilation of those records to make a statement providing an explanation of them.
(2)  The Electoral Commissioner may make and retain copies of any records produced or of any parts of those records.
(3)  A person must not, without reasonable excuse, fail to comply with a requirement made under subsection (1) .
Penalty:  Fine not exceeding 10 penalty units.
(4)  Any information provided, answer given or statement made by a person in response to a requirement made under subsection (1) may not be used in any proceedings against that person except proceedings under subsection (6) in relation to that information, answer or statement.
(5)  A person is not obliged to provide any information, produce records, answer a question or make a statement under this section unless that person has first been informed by the Electoral Commissioner that he or she is required to do so.
(6)  A person must not provide information, produce records, give an answer or make a statement which is, to that person's knowledge, false or misleading.
Penalty:  Fine not exceeding 10 penalty units or imprisonment for a term not exceeding 3 months.
(7)  In any proceedings for an offence under this section, a copy of a record or part of a record made under subsection (2) is admissible in evidence in those proceedings and, in the absence of evidence to the contrary, the contents of the copy are presumed to be the same as those on the original record or part.
(8)  In this section records includes books, accounts, minutes, registers, deeds, writings or documents and any other sources of information compiled, recorded or stored in written form, on micro-film or by electronic process, or in any other manner or by any other means.