Electoral Reform Act 2022
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Investigations | ||
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130. (1) Where the Commission has reason to believe, whether on the basis of information obtained itself or provided to it by any person or otherwise, that there is, has or may have been a contravention of this Part, the Commission may examine or investigate,and may, for that purpose, authorise or direct any member of staff of the Commission (other than the chief executive when he or she is performing his or her functions under section 133 ) or appoint an authorised officer to examine or investigate, any suspected contravention. | ||
(2) The Commission may make such inquiries as it considers appropriate or direct an authorised officer or a member of its staff (other than the chief executive when he or she is performing his or her functions under section 133 ) to make such inquiries, and the Commission, or an authorised officer or member of staff, may require any person to furnish without delay any information, document or relevant thing in the possession or procurement of that person which the Commission or an authorised officer or member of staff may require for the purposes of an investigation. | ||
(3) (a) An authorised officer or member of staff shall carry out an investigation authorised under subsection (1) with all due expedition consistent with fairness and efficiency and may make such inquiries as he or she considers appropriate. | ||
(b) Where the person carrying out the investigation under this section is an authorised officer he or she may, for the purposes of making any inquiries as in his or her opinion may be required, use any one or more of his or her powers under section 137 . | ||
(4) Following the carrying out of the investigation, an authorised officer or member of staff of the Commission shall prepare a draft report of the findings of his or her investigation under subsection (3) including whether, in his or her opinion, there are reasonable grounds for believing that a contravention has or has not occurred and the reasons for his or her findings and opinion. | ||
(5) The authorised officer or member of staff of the Commission shall provide his or her draft report to any person who, in the opinion of the authorised officer or member of staff, may be contravening or has contravened his or her obligations under this Part, and shall invite the person to make submissions in writing within the period specified by the authorised officer or member of staff in relation to his or her opinion and the draft report. | ||
(6) The authorised officer or member of staff of the Commission shall consider any submissions made to him or her under subsection (5) and, if he or she considers it appropriate, shall revise his or her draft report on foot of any such submissions, and shall include in the report prepared by him or her a summary of the submissions (if any) received by him or her. | ||
(7) The authorised officer or member of staff of the Commission shall, having considered any submissions made to him or her under subsection (5), prepare a report and shall— | ||
(a) set out whether or not in his or her opinion the person is contravening or has contravened this Part, | ||
(b) if he or she considers that the person is contravening or has contravened this Part, make any recommendation as he or she considers appropriate as to what action, if any, the Commission may take in respect of any such contravention, and | ||
(c) present the report and any submissions made to him or her under subsection (5) to the Commission. | ||
(8) The Commission shall consider the report, any submissions made and any recommendations by the authorised officer or member of staff of the Commission presented to it under subsection (7). | ||
(9) The Commission may, as it considers appropriate, invite any person who, in the opinion of the authorised officer or member of staff of the Commission, there are reasonable grounds for believing may be contravening, may have contravened or has contravened his or her obligations under this Part to make further submissions in writing to the Commission within the period specified by it in relation to the opinion of, and the report presented to the Commission under subsection (7) by, the authorised officer or member of staff. | ||
(10) Following consideration of the report and any recommendations made by the authorised officer or member of staff of the Commission under subsection (7), and any further submissions under subsection (9), the Commission may— | ||
(a) take no further action, | ||
(b) if it is satisfied that a contravention is taking or has taken place, issue a compliance notice under section 131 with respect to any person whom the Commission considers is contravening or has contravened the requirements of this Part, | ||
(c) publish the report of the investigation, or | ||
(d) if it is satisfied that a contravention is taking or has taken place, bring a prosecution in respect of any offence that may have been committed in accordance with section 140 (4). | ||
(11) Nothing in this Act shall operate to prevent the Commission exercising any of its powers under this Part as it considers appropriate either during or outside an electoral period. | ||
(12) For the purposes of this Part, the Commission may give such directives to an authorised officer or member of its staff (other than the chief executive when he or she is performing his or her functions under section 133 ) as it considers appropriate in the circumstances. | ||
(13) Nothing in this section shall affect the exercise by an authorised officer of any power which, apart from this section, he or she could exercise by virtue of section 137 , either during or outside an electoral period in connection with the placement, display, promotion or dissemination of an online political advertisement in the State. |