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Authorised excuse for non-compliance with provisions as to return and declaration respecting election expenses

Presidential Elections Act 1991

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—(1) Where the return and statements respecting election expenses of a candidate at an election have not been transmitted as required by this Act, or being transmitted contain some error or false statement, then —(a)if the candidate applies to an Election Judge and shows that the failure to transmit the return and declarations, or any of them, or any part thereof, or any error or false statement therein, has arisen by reason of his or her illness, or of the absence, death, illness or misconduct of his or her principal election agent or of any election agent or any clerk or officer of the agent, or by reason of inadvertence or of any reasonable cause of a like nature, and not by reason of any want of good faith on the part of the applicant; or(b)if the principal election agent of the candidate applies to an Election Judge and shows that the failure to transmit the return and statements which he or she was required to transmit, or any part thereof, or any error or false statement therein, arose by reason of his or her illness, or of the death, illness or misconduct of any prior principal election agent of the candidate, or of the absence, death, illness or misconduct of any election agent or any clerk, or officer of an election agent of the candidate, or by reason of inadvertence or of any reasonable cause of a like nature, and not by reason of any want of good faith on the part of the applicant,the Election Judge may, after such notice of the application, and on production of such evidence of the grounds stated in the application, and of the good faith of the application, and otherwise, as to the Election Judge seems fit, and after giving the other candidates, the Returning Officer and any elector an opportunity of being heard, make such order allowing an authorised excuse for the failure to transmit such return and statements or for an error or false statement in such return and statements as to the Election Judge seems just.(2) Where it appears to the Election Judge that any person being or having been an election agent has refused or failed to make such return or supply such particulars as will enable any candidate and his or her principal election agent, respectively, to comply with the provisions of this Act as to the return and statements respecting election expenses, the Election Judge must —(a)before making an order allowing the excuse mentioned in this section, order the person to attend before the Election Judge; and(b)unless the person attends and shows cause to the contrary, order the person to make the return and statements, or to deliver a statement of the particulars required to be contained in the return, as to the Election Judge appears just, and to make or deliver them within such time and to such other person and in such manner as the Election Judge may direct, or may order the person to be examined with respect to those particulars, and, in default of compliance with that order, the person shall be guilty of an illegal practice.(3) The order may make the allowance conditional upon the making of the return and statements in a modified form or within an extended time, and upon the compliance with such other terms as to the Election Judge seems best calculated for carrying into effect the objects of this Act.(4) An order allowing an authorised excuse relieves the applicant for the order from any liability or consequences under this Act in respect of the matter excused by the order.(5) Where it is proved by the candidate to the Election Judge that any act or omission of the principal election agent in relation to the return and statements respecting election expenses was without the sanction or connivance of the candidate, and that the candidate took all reasonable means for preventing the act or omission, the Election Judge is to relieve the candidate from the consequences of the act or omission on the part of his or her principal election agent.(6) The date of the order or, if conditions and terms are to be complied with, the date at which the applicant fully complies with them is called in this Act the date of the allowance of the excuse.

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