South Australian Current Acts South Australian Current Acts (1) In this
section—
"authorised officer" means a person authorised by the Electoral Commissioner
under subsection (2).
(2) The Electoral
Commissioner may, by instrument in writing signed by
the Electoral Commissioner, authorise a person or a person included in a class
of persons to perform duties under this section.
(3) An authorised
officer may, for the purpose of finding out whether the financial controller
of an associated entity or the agent of a registered political party or
third party has complied with this Part, by notice served personally or by
post on—
(a) the
agent or any officer of the—
(i)
registered political party; or
(ii)
third party; or
(b) the
financial controller or any officer of the associated entity,
as the case may be, require the agent, financial controller or officer—
(c) to
produce, within the period and in the manner specified in the notice, the
documents or other things referred to in the notice; or
(d) to
appear, at a time and place specified in the notice, before the
authorised officer to give evidence, either orally or in writing, and to
produce the documents or other things referred to in the notice.
(4) If a notice under
subsection (3)(a) requires an officer of a registered political party or
third party (other than the agent) to appear before an authorised officer
under subsection (3)(d), then the agent of the registered political party
or third party (as the case may be) is entitled—
(a) to
attend at the proceeding under subsection (3)(d); or
(b) to
nominate another person in writing to attend on behalf of the agent.
(5) Failure of the
agent or nominee to attend under subsection (4) does not affect the
powers of the authorised officer to conduct the proceeding under
subsection (3)(d).
(6) If an
authorised officer has reasonable grounds to believe that a person is capable
of producing documents or other things or giving evidence relating to a
contravention, or possible contravention, of this Part, or relating to matters
that are set out in, or are required to be set out in, a return under this
Part, the authorised officer may, by notice served personally or by post on
that person, require that person—
(a) to
produce, within the period and in the manner specified in the notice, such
documents or other things as are referred to in the notice;
(b) to
appear, at a time and place specified in the notice, before the
authorised officer to give evidence, either orally or in writing, and to
produce such documents or other things as are referred to in the notice.
(a) an
authorised officer has reasonable grounds to believe that a person is capable
of producing documents or other things, or giving evidence, relating to
whether an entity is, or was at a particular time, an associated entity; and
(b) the
person is, or has at any time been, the financial controller or an officer of
the entity,
the authorised officer may, by notice served personally or by post on the
person, require the person—
(c) to
produce, within the period and in the manner specified in the notice, such
documents or other things as are specified in the notice; or
(d) to
appear, at a time and place specified in the notice, before the
authorised officer to give evidence, whether orally or in writing, and to
produce the documents or other things specified in the notice.
(8) The notice must
not require the person to produce documents, or to appear, until after the end
of the period of 14 days beginning on the day on which the notice was
received, and must set out the person's right to request a review under
subsection (9).
(9) A person who is
given a notice under subsection (7) may request that the Electoral
Commissioner review the decision to issue the notice.
(10) The request must
be—
(a) in
writing; and
(b)
given to the Electoral Commissioner during the period of 14 days
beginning on the day on which the notice was received.
(11)
The Electoral Commissioner must—
(a)
review the decision as soon as practicable after receiving a request under
subsection (9); and
(b)
affirm, vary or set aside the decision; and
(c)
notify the person in writing of his or her decision on the review.
(12) If a person
requests a review of a decision, the person is not taken to have refused or
failed to comply with the notice to which the review relates at any time
before the Electoral Commissioner has notified the person of his or her
decision on the review.
(13) An
authorised officer may require any evidence that is to be given to him or her
in compliance with a notice under subsection (3), (6) or (7) to be
given on oath or affirmation and for that purpose the authorised officer may
administer an oath or affirmation.
(14) A person must
not, without reasonable excuse, refuse or fail to comply with a notice under
this section to the extent that the person is capable of complying with the
notice.
Maximum penalty: $5 000.
(15) A person must
not, in purported compliance with a notice under this section, give evidence
that is, to the knowledge of the person, false or misleading in a material
particular.
Maximum penalty: $5 000.
(a) an
authorised officer has reasonable grounds for suspecting that there may be, at
any time within the next following 24 hours, on any land or on or in any
premises, vessel, aircraft or vehicle, a document or other thing that may
afford evidence relating to a contravention of this Part; and
(b) the
authorised officer has reasonable grounds to believe that, if a notice under
this section were issued for the production of the document or other thing,
the document or other thing might be concealed, lost, mutilated or destroyed,
the authorised officer may make an application to a magistrate for the issue
of a warrant under subsection (17).
(17) Subject to
subsection (18), if an application under subsection (16) is made by
an authorised officer to a magistrate, the magistrate may issue a warrant
authorising the authorised officer or any other person named in the warrant,
with such assistance as the officer or person thinks necessary and if
necessary by force—
(a) to
enter on the land or on or into the premises, vessel, aircraft or vehicle; and
(b) to
search the land, premises, vessel, aircraft or vehicle for documents or other
things that may afford evidence relating to a contravention of this Part,
being documents or other things of a kind described in the warrant; and
(c) to
seize any documents or other things of the kind referred to in
paragraph (b).
(18) A magistrate may
not issue a warrant under subsection (17) unless—
(a) an
affidavit has been furnished to the magistrate setting out the grounds on
which the issue of the warrant is being sought; and
(b) the
authorised officer applying for the warrant or some other person has given to
the magistrate, either orally or by affidavit, such further information (if
any) as the magistrate requires concerning the grounds on which the issue of
the warrant is being sought; and
(c) the
magistrate is satisfied that there are reasonable grounds for issuing the
warrant.
(19) If a magistrate
issues a warrant under subsection (17), the magistrate must state on the
affidavit furnished in accordance with subsection (18) which of the
grounds specified in that affidavit he or she has relied on to justify the
issue of the warrant and particulars of any other grounds so relied on.
(20) A warrant issued
under subsection (17) must—
(a)
include a statement of the purpose for which the warrant is issued, which must
include a reference to the contravention of this Part in relation to which the
warrant is issued; and
(b)
state whether entry is authorised to be made at any time of the day or night
or during specified hours of the day or night; and
(c)
include a description of the kind of documents or other things authorised to
be seized; and
(d)
specify a date, not being later than 1 month after the date of issue of
the warrant, on which the warrant ceases to have effect.
(21) If a document or
other thing is seized by a person pursuant to a warrant issued under
subsection (17)—
(a) the
person may retain the document or other thing for so long as is reasonably
necessary for the purposes of the investigation to which the document or other
thing is relevant; and
(b) when
the retention of the document or other thing by the person ceases to be
reasonably necessary for those purposes, the person must cause the document or
other thing to be delivered to the person who appears to be entitled to
possession of it.