Western Australian Current Acts Western 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 authorise a person, or a person
included in a class of persons, to perform functions under this section.
(3) An authorised
officer may, for the purpose of finding out whether a person has complied with
this Part, serve a notice on the person requiring the person —
(a) to
produce, within the period and in the manner specified in the notice, the
documents or other things referred to in the notice; or
(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 the
documents or other things referred to in the notice.
(4) Where 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 section 175U, or relating to
matters that are set out in, or are required to be set out in, a return or
claim under this Part, the authorised officer may serve a notice on the person
requiring the person —
(a) to
produce, within the period and in the manner specified in the notice, the
documents or other things referred to in the notice; or
(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 the
documents or other things referred to in the notice.
(5) An authorised
officer may require any evidence that is to be given in compliance with a
notice under subsection (3) or (4) to be given on oath or affirmation and for
that purpose the authorised officer may administer an oath or affirmation.
(6) A person shall
not, without reasonable excuse, refuse or fail to comply with a notice under
subsection (3) or (4) to the extent that the person is capable of complying
with the notice.
Penalty: $1 500.
(7) A person shall
not, in purported compliance with a notice under subsection (3) or (4), give
evidence that is, to the knowledge of the person, false or misleading in a
material particular.
Penalty: $1 500.
(8) Where —
(a) a
police officer has reasonable grounds for suspecting that there may be, at any
time within the next following 24 hours, upon any land or upon or in any
premises, vessel, aircraft or vehicle, a document or other thing that may
afford evidence relating to a contravention of section 175U; and
(b) the
police 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 police officer may
make an application to a judge for the issue of a warrant under subsection
(9).
(9) Subject to
subsection (10), where an application under subsection (8) is made by a police
officer to a judge, the judge may issue a warrant authorising the police
officer or any other person named in the warrant, with such assistance as he
thinks necessary and if necessary by force —
(a) to
enter upon the land or upon or into the premises, vessel, aircraft or vehicle;
and
(b) to
search the land, premises, vessels, aircraft or vehicle for documents or other
things that may afford evidence relating to a contravention of section 175U,
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).
(10) A judge shall not
issue a warrant under subsection (9) unless —
(a) an
affidavit has been given to the judge setting out the grounds on which the
issue of the warrant is being sought; and
(b) the
police officer applying for the warrant or some other person has given to the
judge, either orally or by affidavit, such further information (if any) as the
judge requires concerning the grounds on which the issue of the warrant is
being sought; and
(c) the
judge is satisfied that there are reasonable grounds for issuing the warrant.
(11) Where a judge
issues a warrant under subsection (9), the judge shall state on the affidavit
given under subsection (10)(a) which of the grounds specified in that
affidavit the judge has relied on to justify the issue of the warrant and
particulars of any other grounds relied on by the judge to justify the issue
of the warrant.
(12) A warrant issued
under subsection (9) shall —
(a)
include a statement of the purpose for which the warrant is issued, which
shall include a reference to the contravention of section 175U 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 one month after the date of issue of the
warrant, upon which the warrant ceases to have effect.
(13) Where a document
or other thing is seized by a person pursuant to a warrant issued under
subsection (9) —
(a) the
person may retain the document or other thing 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 shall cause the document
or other thing to be delivered to the person who appears to the
first-mentioned person to be entitled to possession of the document or other
thing.
(14) In performing
functions under this section the Electoral Commissioner and any authorised
officer shall ensure, as far as practicable, that there is no duplication of
functions performed or being performed under section 316 of the
Commonwealth Electoral Act 1918 .
[Section 175W inserted: No. 75 of 1992 s. 4 (as
amended: No. 43 of 1996 s. 26); amended: No. 55 of 2006 s. 10.]