Electoral Referendum Act 2010

  • repealed
  • Electoral Referendum Act 2010: repealed, on 11 June 2012 (being on the close of the day that is 6 months after the date on which the result of the referendum was declared), by section 5(1).
64 Electoral Commission may require auditor's report on return of registered promoter's referendum expenses
  • (1) If the Electoral Commission has reasonable grounds to believe that a return filed under section 62 may contain any false or misleading information, the Electoral Commission may require the registered promoter (at the registered promoter's expense) to obtain a report on the return from an auditor.

    (2) The auditor must state in the report—

    • (a) the position shown by the return in respect of the requirement that the registered promoter's total referendum expenses must not exceed the maximum amount specified in section 37; and

    • (b) either—

      • (i) whether, in the auditor's opinion, the position stated under paragraph (a) is correct; or

      • (ii) that the auditor has been unable to form an opinion as to whether the position stated under paragraph (a) is correct.

    (3) The auditor must make any examinations that the auditor considers necessary.

    (4) The auditor must specify in the report any case in which—

    • (a) the auditor has not received from the registered promoter all the information that the auditor requires to carry out his or her duties; or

    • (b) proper records of the registered promoter's referendum expenses have not, in the auditor's opinion, been kept by the registered promoter.

    (5) The auditor—

    • (a) must have access at all reasonable times to all records, documents, and accounts that relate to the registered promoter's referendum expenses and that are held by the registered promoter; and

    • (b) may require the registered promoter to provide any information and explanation that, in the auditor's opinion, may be necessary to enable the auditor to prepare the report.