Electoral Reform Act 2022
|
Exercise of powers of Commission | ||
|
152. (1) The Commission shall only exercise its powers under sections 153 , 154 , 155 , 156 , 157 or 158 where the Commission is satisfied that it is in the public interest to do so, having regard to all the circumstances including the rights of any person whom the Commission considers may be affected by the exercise of such powers. | ||
(2) Without prejudice to subsection (1), the Commission shall, in considering the exercise of its powers under sections 153 , 154 , 155 , 156 , 157 or 158 give due weight to the following matters: | ||
(a) the right to freedom of expression; | ||
(b) the right to freedom of association; | ||
(c) the right to participate in public affairs; and | ||
(d) the obligation on the State to defend and secure the fairness and integrity of elections and referendums. | ||
(3) Without prejudice to subsections (1) and (2), the Commission shall, in considering the exercise of its powers under sections 153 , 154 , 155 , 156 , 157 or 158 have regard to the following matters: | ||
(a) the need to ensure the economic and efficient use of the Commission’s resources; | ||
(b) the public harm concerned, as it relates to the overall integrity and fairness of the election or referendum; | ||
(c) any guidelines published under subsection (4). | ||
(4) The Commission shall prepare and publish guidelines to inform the proper exercise, by the Commission or a person to whom the exercise of a power has been delegated under section 151 , of its powers under this Part. | ||
(5) Guidelines under subsection (4) may include measures to ensure that the exercise of the Commission’s powers is transparent to the public and in accordance with international best practice and in the public interest. | ||
(6) Any notice or order issued under section 153 , 154 , 155 , 156 or 157 shall— | ||
(a) include a statement of reasons for the Commission’s opinion that it is appropriate that such notice or order should be issued, | ||
(b) specify the time and date by which the person to whom the notice or order is addressed shall comply with the notice or order, | ||
(c) specify the time and date by which the person to whom a notice or order is addressed shall confirm to the Commission that the notice or order has been complied with, | ||
(d) state that the person to whom the notice or order is addressed may appeal the notice or order pursuant to section 161 and that such appeal shall be made through the portal on the Commission’s website within a period 5 days from the date on which the notice or order was issued, | ||
(e) state that if no such appeal is made in accordance with section 161 , that the notice or order shall be treated as not disputed, and | ||
(f) state that it is an offence not to comply with the notice or order. | ||
(7) For the avoidance of doubt, the Commission may determine that it is appropriate having regard to all the circumstances to issue more than one notice or order under section 153 , 154 , 155 , 156 or 157 in relation to the same online content or behaviour. |