ELECTORAL ACT 2002 - SECT 221 Amendment of statements, donation returns or annual returns
ELECTORAL ACT 2002 - SECT 221
Amendment of statements, donation returns or annual returnsS. 221(1) amended by No. 30/2018 s. 62(2).
(1) If the Commission is satisfied that a statement, donation return or annual return contains a formal error or is subject to a formal defect, the Commission may amend the statement, donation return or annual return to the extent necessary to correct the error or remove the defect.
S. 221(2) amended by No. 30/2018 s. 62(2).
(2) A person who has given a statement, donation return or annual return may request the permission of the Commission to make a specified amendment of the statement, donation return or annual return for the purpose of correcting an error or omission.
S. 221(3) amended by No. 30/2018 s. 62(2).
(3) If the statement, donation return or annual return was given by a person as the registered officer of a registered political party, the request under subsection (2) may be made either by—
S. 221(3)(a) amended by No. 30/2018 s. 62(2).
(a) the person who gave the statement, donation return or annual return; or
(b) the person who is currently the registered officer of the registered political party.
(4) A request under subsection (2) must—
(a) be by notice in writing signed by the person making the request; and
(b) be lodged with the Commission.
S. 221(5) amended by No. 30/2018 s. 62(2).
(5) If—
(a) a request has been made under subsection (2); and
S. 221(5)(b) amended by No. 30/2018 s. 62(2).
(b) the Commission is satisfied that there is an error in, or omission from the statement, donation return or annual return to which the request relates—
the Commission must permit the person making the request to amend the statement, donation return or annual return in accordance with the request.
(6) If the Commission decides to refuse a request under subsection (2), the Commission must give to the person making the request written notice of the reasons for the decision.
S. 221(6A) inserted by No. 30/2018 s. 62(3).
(6A) If the Commission is satisfied that a political donation has been returned to a donor after a return has been provided to the Commission in relation to the political donation, the Commission may permit the person who lodged the return to amend the return.
S. 221(7) amended by No. 30/2018 s. 62(2).
(7) The amendment of a statement, donation return or annual return under this section does not affect the liability of a person to be convicted of an offence arising out of the giving of the statement, donation return or annual return.
S. 221A inserted by No. 30/2018 s. 63.