Electoral Reform Act 2022

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Compliance notice

131. (1) Where the Commission is satisfied, following receipt of a report under section 130 , that there is or has been a contravention by a person of the obligations under this Part, the Commission may serve a notice in writing (in this Part referred to as a “compliance notice”) on the person.

(2) A compliance notice shall—

(a) state the reasons for the Commission being satisfied that there is or has been a contravention referred to in subsection (1),

(b) identify any provision of this Part with respect to which the Commission is satisfied that there is or has been a contravention,

(c) direct the person to take such action as is necessary to bring the contravention to an end or to otherwise remedy the contravention in any other manner as the Commission may specify,

(d) specify the date by which the person is to comply with the compliance notice,

(e) specify the date and time by which the person to whom a compliance notice is addressed shall confirm to the Commission that the notice has been complied with,

(f) state that the person may appeal the compliance notice to the District Court under section 132 and include information specifying—

(i) the form and manner of such an appeal, and

(ii) the service address of the Commission for the purposes of notifying the Commission of the making of the appeal under section 132 ,

(g) state that, if an appeal is not made in accordance with section 132 and within the period specified in that section, then—

(i) the compliance notice will be treated as not disputed, and

(ii) the person will be deemed to have accepted the compliance notice and have agreed to comply with it,

and

(h) state that if the person to whom the compliance notice is given fails to comply with the notice the person shall be guilty of an offence.

(3) The date specified under subsection (2)(d) shall not be earlier than the end of the period within which an appeal may be made under section 132 .

(4) The Commission may—

(a) other than where an appeal has been made to the District Court under section 132 (1), amend the compliance notice,

(b) withdraw the notice at any time, or

(c) if no appeal is made or pending under section 132 (1), extend the date specified in the notice under subsection (2)(d).

(5) Withdrawal by the Commission of a compliance notice under subsection (4)(b) does not prevent the Commission serving another compliance notice on the person, whether in respect of the same matter or a different matter, as circumstances may require.

(6) The Commission may, notwithstanding that the judge of the District Court has not made any direction under section 132 (6), conduct a fresh investigation under section 130 into a matter the subject of a previous compliance notice (and the provisions of section 130 and this section shall apply to any such investigation).

(7) A person to whom a compliance notice has been given who fails to comply with, or causes or permits another person to fail to comply with, the notice shall be guilty of an offence.

(8) Where in the opinion of the Commission, a person to whom a compliance notice was served is failing or has failed to comply with the notice by or on the day specified in the notice or, where an appeal was made under section 132 (1), on the day after the day on which the notice is confirmed or varied on appeal, the Commission may apply to a judge of the District Court in the district court district in which the notice was served or the appeal was heard and determined for an order directing the person to comply with the notice, or the notice as so varied, and the Court may, as it thinks fit, on the hearing of the application, make or refuse to make such an order.