Australian Capital Territory Numbered Acts

ELECTORAL (AMENDMENT) ACT 1996 (NO. 56 OF 1996) - SECT 27

27. Section 237 of the Principal Act is amended—

    (a)     by omitting “subsection (4)” from the definition of “investigation notice” in subsection (1) and substituting “subsection (3)”; and

    (b)     by inserting after subsection (4) the following subsections:

“(4A) If an investigation notice requires an officer of a party other than its reporting agent to appear before the Commissioner, the reporting agent of the party is entitled—

        (a)     to attend the investigation; or

        (b)     to nominate another person to attend on behalf of the reporting agent.

“(4B) If an investigation notice relates to an investigation into—

        (a)     a return given to the Commissioner under this Part by the reporting agent of an independent MLA; or

        (b)     a failure of a reporting agent of an independent MLA to give the Commissioner a return under this Part within the time required;

and the notice requires a person other than the reporting agent of the MLA to appear before the Commissioner, the reporting agent of the MLA is entitled—

        (c)     to attend the investigation; or

        (d)     to nominate another person to attend on behalf of the reporting agent.

“(4C) Failure of a reporting agent or nominee to attend an investigation under subsection (4A) or (4B) does not affect the power of the Commissioner to conduct the investigation.”.