Western Australian Current Acts

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LOCAL GOVERNMENT ACT 1995 - SECT 4.96

4.96 .         Investigation of electoral misconduct

        (1)         The Electoral Commissioner or the returning officer may investigate whether misconduct, malpractice or maladministration has occurred in relation to an election.

        (2)         An investigation can be carried out on the initiative of the Electoral Commissioner or returning officer or in response to a complaint or information received from any other person (including a candidate).

        (3)         For the purposes of an investigation the Electoral Commissioner or returning officer has the same powers, and protection from liability, as an authorised person has under Part 8, Division 1.

        (4)         Section 8.11 applies in relation to a direction given by the Electoral Commissioner or returning officer in the course of an investigation.

        (5)         After carrying out an investigation under this section the Electoral Commissioner may provide the Minister with a report on the investigation.

        (6)         After carrying out an investigation under this section the returning officer is to provide the Minister with a report on the investigation.

        (7)         This section has effect in addition to Part 8 and does not prevent or affect the exercise of any power under that Part.



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