Commonwealth Consolidated Acts

COMMONWEALTH ELECTORAL ACT 1918 - SECT 318

  (1)   Where a person who is required to furnish a return under Division   4, 5 or 5A considers that it is impossible to complete the return because he or she is unable to obtain particulars that are required for the preparation of the return, the person may:

  (a)   prepare the return to the extent that it is possible to do so without those particulars;

  (b)   furnish the return so prepared; and

  (c)   give to the Electoral Commission notice in writing:

  (i)   identifying the return;

  (ii)   stating that the return is incomplete by reason that he or she is unable to obtain certain particulars;

  (iii)   identifying those particulars;

  (iv)   setting out the reasons why he or she is unable to obtain those particulars; and

  (v)   if the person believes, on reasonable grounds, that another person whose name and address he or she knows can give those particulars--stating that belief and the reasons for it and the name and address of that other person;

and a person who complies with this subsection shall not, by reason of the omission of those particulars, be taken, for the purposes of this Part, to have furnished a return that is incomplete.

  (2)   Where the Electoral Commission has been informed under paragraph   (1)(c) or subsection   (3) that a person can supply particulars that have not been included in a return, the Electoral Commission may, by notice in writing served on that person, require the person to furnish to the Electoral Commission, within the period specified in the notice and in writing, those particulars and, subject to subsection   (3), the person shall comply with that requirement.

  (2A)   Particulars that were not provided in a return under Division   4, 5 or 5A that are provided under subsection   (2) are, for the purposes of this Part, taken to be a return provided under that Division.

  (3)   If a person who is required to furnish particulars under subsection   (2) considers that he or she is unable to obtain some or all of the particulars, the person shall give to the Electoral Commission a written notice:

  (a)   setting out the particulars (if any) that the person is able to give;

  (b)   stating that the person is unable to obtain some or all of the particulars;

  (c)   identifying the particulars the person is unable to obtain;

  (d)   setting out the reasons why the person considers he or she is unable to obtain those particulars; and

  (e)   if the person believes, on reasonable grounds, that another person whose name and address he or she knows can give those particulars--setting out the name and address of that other person and the reasons why he or she believes that that other person is able to give those particulars.

  (3A)   A person who complies with subsection   (3) shall not, because of the omission of particulars required under subsection   (2), be taken, for the purpose of this Part, to have furnished a return that is incomplete.