Part 5 Public funding of election campaigns
54A Application to State elections only
(1) This Part does not apply to or in relation to local government elections.(2) Accordingly, a reference in this Part to an election, general election or by-election is a reference that relates to a State election.
55 Election campaign expenditure
(1) For the purposes of this Part, a reference to expenditure for election campaign purposes:(a) includes a reference to:(i) expenditure for goods and services for those purposes,(ii) expenditure for election campaign preparation purposes, and(iii) expenditure incurred in respect of the audit of the relevant claim for payment under this Part and of the declaration lodged under Part 6 in respect of the period ending on the polling day for the election (in each case not exceeding $200 or such other amount as may be prescribed), and(b) does not include a reference to:(i) expenditure incurred substantially in respect of an election for a legislature other than the Parliament,(ii) expenditure incurred substantially in respect of an election held before that in respect of which the relevant application for payment under this Part is made, or(iii) expenditure of a prescribed class or description.(2) The decision of the Authority as to whether any expenditure is or is not expenditure for election campaign purposes in accordance with this Act, the regulations and the guidelines determined under section 24 is final.(3) The Auditor-General or an auditor is, for the purposes of this Act, entitled to rely on any decision of the Authority referred to in subsection (2).
Division 2 Constitution of the funds
(1) For each general election, there shall be a Central Fund and a Constituency Fund, to be kept by the Authority.(2) The funds shall be credited and distributed in accordance with this Act.
57 Determination of credits to funds
(1) The amounts to be credited to the funds for a general election shall be determined by the Authority as soon as possible after 6 pm on the day of the issue of the writs for the general election.(2) The amounts to be credited, in the aggregate, to the funds for a general election are to be determined in accordance with the following formula:
where:A represents the aggregate amount (in dollars) to be credited to the funds.
E represents the total number of electors enrolled for all electoral districts as at 6 pm on the day of the issue of the writs for the general election.
N represents:
(a) the number of months between the day for the return of the writs for the general election and the day for the return of the writs for the previous general election (both days inclusive), any fraction of a month being treated as one month, or(b) 48,whichever is less.M represents the amount (in cents) of the monetary unit.
(3) For the purposes of subsection (2), the monetary unit for:(a) the first general election to which this Act applies shall be 22 cents, and(b) any subsequent general election shall be that amount as adjusted in accordance with Schedule 1, determined by the Authority as at the day of the issue of the writs for the general election or 22 cents, whichever is greater.
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58 Credits to the Central Fund
Of the total amount determined in accordance with section 57, two-thirds shall be credited to the Central Fund, any fraction of a dollar being disregarded.
59 General entitlements of parties
(1) Parties are, subject to and in accordance with this Act, eligible for payments from the Central Fund.(2) A party is eligible to participate in the distribution of the Central Fund for a general election if:(a) it is a registered party as at the polling day for the general election,(a1) (Repealed)(b) it endorses a group for the periodic Council election,(c) the group is entered on the ballot-papers for the election under section 83B of the Parliamentary Electorates and Elections Act 1912,(d) the Authority is satisfied that the members of the group claim to be endorsed by the party, and(e) either or both of the following occur:(i) at least one of the members of the group is elected at the periodic Council election, or(ii) the total number of first preference votes polled in favour of the members of the group at the periodic Council election is at least 4 per cent of the total number of first preference votes polled in the election.(3) Where the Authority is satisfied that 2 or more registered parties endorse a group for a periodic Council election and that the members of the group each claim to be endorsed by those parties:(a) those parties shall, for the purposes of the application of sections 62 and 63 to and in respect of the general election concerned, be deemed, in relation to that group, to constitute one registered party instead of 2 or more registered parties,(b) the amount calculated in accordance with this Part as being payable from the Central Fund for the general election to the party so deemed to be constituted shall not be so payable, but shall instead be payable from that fund to those 2 or more registered parties in:(i) equal shares, or(ii) such other shares as the party agents of those parties agree upon in relation to that general election and as are specified in a direction in writing signed by them and served on the Authority, and(c) no amounts, other than those payable by virtue of this subsection, are payable from that fund to those 2 or more registered parties in respect of that general election.(4) If a registered party would, but for this subsection, be entitled to be paid 2 or more amounts by virtue of subsection (3), the party is entitled to be paid only one of those amounts, being an amount that is not smaller than any other of those amounts.(5) A direction referred to in subsection (3) (b) (ii) remains effective until revoked by the party agents of the parties concerned and notice in writing of the revocation is served on the Authority.(6) In a case where a part only of a group is endorsed by a party, the references in subsection (2) (c) and (e) to “the group” shall be construed as references to the whole group in which the part is included.
60 General entitlements of independent groups in Council elections
(1) Groups of candidates who have been nominated for election to the Council are, subject to and in accordance with this Act, eligible for payments from the Central Fund.(2) A group is eligible to participate in the distribution of the Central Fund for a general election if:(a) it is registered as a group in the Register of Candidates for the general election as at the polling day for the election,(b) the group is entered on the ballot-papers for the periodic Council election under section 83B of the Parliamentary Electorates and Elections Act 1912,(c) the Authority is satisfied that the candidates in the group are not endorsed by any party, and(d) either or both of the following occur:(i) at least one of the members of the group is elected at the periodic Council election, or(ii) the total number of first preference votes polled in favour of the members of the group at the periodic Council election is at least 4 per cent of the total number of first preference votes polled in the election.
61 General entitlements of independent candidates in Council elections
(1) Candidates who have been nominated for election to the Council are, subject to and in accordance with this Act, eligible for payments from the Central Fund.(2) A candidate nominated for election to the Council is eligible to participate in the distribution of the Central Fund for a general election if:(a) the candidate is registered as such a candidate in the Register of Candidates for the general election as at the polling day for the election,(b) the Authority is satisfied that the candidate does not claim to be endorsed by any party and that the candidate is not a member of a registered group claiming payment under this Part, and(c) either or both of the following occur:(i) the candidate is elected at the periodic Council election, or(ii) the total number of first preference votes polled in favour of the candidate at the periodic Council election is at least 4 per cent of the total number of first preference votes polled in the election.
62 Formula for the distribution of the Central Fund
The Central Fund for a general election shall be distributed in accordance with the following formula:
where:P represents the amount (in dollars) payable to a party, group or candidate eligible to participate in the distribution of the Central Fund,
F represents the amount (in dollars) standing to the credit of the Central Fund,
PV represents the primary votes of the party, group or candidate, and
TEV represents the total primary votes of all parties, groups and candidates eligible to participate in the distribution of the Central Fund.
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(1) Notwithstanding anything in this Act:(a) no one registered party, group or candidate may receive from the Central Fund more than one-half of the amount credited to the Central Fund, and(b) a registered party, group or candidate may not receive from the Central Fund an amount that exceeds the amount that bears to the amount credited to the Central Fund the same proportion as the primary votes of the party, group or candidate bear to the total primary votes of:(i) all parties, groups and candidates eligible to participate in the distribution of the Central Fund, and(ii) all parties, groups and candidates who would be so eligible but for the operation of section 59 (2) (a), 60 (2) (a) or 61 (2) (a).(2) Any surplus amounts arising from the operation of subsection (1) shall not be available for distribution.
Division 4 The Constituency Fund
64 Credits to the Constituency Fund
Of the total amount determined in accordance with section 57, one-third shall be credited to the Constituency Fund, any fraction of a dollar being disregarded.
65 General entitlements of candidates in Assembly elections
(1) Candidates who have been nominated for election to the Assembly are, subject to and in accordance with this Act, eligible for payments from the Constituency Fund.(2) A candidate is eligible to participate in the distribution of the Constituency Fund for a general election if:(a) the candidate is registered as a candidate for election to the Assembly in the Register of Candidates for the general election as at the polling day for the election, and(b) either or both of the following occur:(i) the candidate is elected at the election, or(ii) the total number of first preference votes polled in favour of the candidate at the election is at least 4 per cent of the total number of first preference votes polled in favour of all candidates for election for the electoral district concerned.
66 Constituency Fund to be divided among electoral districts
(1) The amount standing to the credit of the Constituency Fund for a general election shall be divided by the number of electoral districts for which there are 2 or more candidates for election (as referred to in section 81 of the Parliamentary Electorates and Elections Act 1912), any fraction of a dollar being disregarded.(2) The amount ascertained in accordance with subsection (1) shall, subject to and in accordance with this Act, be available for distribution in respect of each electoral district referred to in that subsection.
67 Formula for the distribution of the Constituency Fund
The Constituency Fund for a general election shall be distributed in accordance with the following formula:
where:C represents the amount (in dollars) payable to a candidate who has been nominated for election for an electoral district at the general election,
F represents the amount (in dollars) available for distribution in respect of the electoral district,
CV represents the primary votes of the candidate, and
TEV represents the total primary votes of all candidates for election for the electoral district eligible to participate in the distribution of that amount.
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(1) Notwithstanding anything in this Act:(a) no one candidate for election for an electoral district may receive from the Constituency Fund more than one-half of the amount available for distribution in respect of the electoral district, and(b) a candidate for election for an electoral district may not receive from the Constituency Fund an amount that exceeds the amount that bears to the amount available for distribution in respect of the electoral district the same proportion as the primary votes of the candidate bear to the total primary votes of:(i) all candidates for election for the electoral district eligible to participate in the distribution of the amount available for distribution in respect of the electoral district, and(ii) all candidates for election for the electoral district who would be so eligible but for the operation of section 65 (2) (a).(2) Any surplus amounts arising from the operation of subsection (1) shall not be available for distribution.(3) Subsection (1) applies to a payment to a candidate even though the candidate has directed that the payment be made to a party under section 76A.
69 Entitlements to advance payments
(1) A party is, subject to and in accordance with this Act, eligible for the payment, as an advance payment for expenditure incurred for election campaign purposes for a general election, of an amount, ascertained in accordance with subsection (2), for each of the first 3 complete years after the day for the return of the writs for the previous general election.(2) The amount payable, by way of advance payment, for a complete year after the day for the return of the writs for the previous general election is an amount equal to 10 per cent of the total amount to which the party was entitled under this Part for that previous general election.(3) For the purposes of subsection (2), the total amount to which a party was entitled under this Part does not include any amount payable to the party under section 76A.(4) The amount payable for a year under this section may be paid, as a lump sum or by way of instalments, at any time after the expiration of that year, but before the polling day for the general election to which the payment relates.(5) A party is not eligible for any advance payments under this section for a general election if it is not a registered party as at the polling day for the election.
70 Advance payments to be deducted from other entitlements
Any amount paid to a party by way of advance payment for a general election shall be deducted from the amount payable to the party from the Central Fund for that election.
(1) Where a party receives amounts by way of advance payments under this Division in respect of a general election in excess of the amount (if any) to which it becomes entitled from the Central Fund for the general election, the amount of the excess shall be repaid to the Authority within 60 days after the day for the return of the writs for the periodic Council election that forms part of the general election.(2) The amount of any excess referred to in subsection (1) may be recovered by the Authority as a debt in any court of competent jurisdiction.
71A Recovery of advance payments
(1) Any amount received by a party by way of advance payments under this Division in respect of a general election must be repaid, on demand by the Authority, to the Authority if:(a) the party does not contest the Assembly general election that forms part of the general election, or(b) before the polling day for the general election, the party ceases to operate or it has, or is being, dissolved or wound up.(2) Any such amount required to be repaid may be recovered by the Authority as a debt in any court of competent jurisdiction.
Division 6 Funds for by-elections
72 Application of this Division
This Division applies to and in respect of each by-election (referred to in this Division as the by-election) at which there are 2 or more candidates for election.
73 By-election Constituency Fund
(1) There shall be a By-election Constituency Fund for the by-election.(2) The amount to be credited to the fund shall be determined by the Authority as soon as possible after 6 pm on the day of the issue of the writ for the by-election.(3) The amount to be credited to the fund shall be determined in accordance with the following formula:
where:A represents the total amount (in dollars) to be credited to the fund,
E represents the total number of electors enrolled for the electoral district concerned as at 6 pm on the day of the issue of the writ for the by-election, and
M represents the amount (in cents) of the monetary unit.
(4) For the purposes of subsection (3), the monetary unit shall be the amount that would, had the by-election been a general election, have been the monetary unit for that general election.(5) The amount to be credited to the fund in accordance with this section shall, subject to and in accordance with this Act, be available for distribution among the candidates at the by-election.(6) The provisions of sections 65, 67 and 68 apply to and in respect of the fund in the same way as they apply to and in respect of the Constituency Fund to be kept for a general election, and so apply as if:(a) references to a general election were references to the by-election, and(b) any other necessary adaptations were made.
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73A Entitlement of parties at by-elections
(1) Parties are, subject to and in accordance with this Act, eligible for payment from the By-election Constituency Fund for a by-election.(2) A party is eligible to participate in the distribution of the fund if:(a) it was a registered party as at the polling day for the by-election, and(b) the Authority is satisfied that a candidate for the by-election claims to be endorsed by the party (and by no other party), and(c) either or both of the following occur:(i) the candidate is elected at the by-election, or(ii) the total number of first preference votes polled in favour of the candidate at the by-election is at least 4 per cent of the total number of first preference votes polled in favour of all candidates for election for the electoral district concerned.(3) The amount that a party is eligible to receive under this section is however limited to the maximum amount that is available for distribution to the candidate endorsed by the party. That maximum amount is determined under the provisions referred to in section 73 (6).(4) If the amounts payable to the candidate and the party endorsing the candidate together would exceed that maximum amount, those amounts are to be reduced proportionately, so that they together equal (as closely as possible) that maximum amount.
74 Claims for, and approvals of, payments
(1) Subject to this Act, a claim for payment under this Part to a party, group or candidate shall be lodged with the Authority before the expiration of 120 days after the day for the return of the writs for the periodic Council election or, in the case of a by-election, before the expiration of 120 days after the day for the return of the writ for the by-election.(1A) Without affecting the generality of section 106, that section operates to enable the Authority, in accordance with that section, to extend the time for lodging a claim under subsection (1).(2) Subject to this Act, the Authority shall:(a) approve the making of a payment under this Part to a party, group or candidate if:(i) a claim for the payment is made by the party or official agent for the party, group or candidate in the form and manner approved by the Authority,(ii) the claim is audited by an auditor, and(iii) the Authority is satisfied that the party, group or candidate is eligible for the payment, and(b) refuse to approve the making of a payment under this Part to the extent that the payment would exceed the amount of expenditure incurred for election campaign purposes.(3) In assessing a claim for payment under this Part, the Authority may require the applicant to provide the Authority with further or other information relative to the assessment.(4) Where the Authority is satisfied that it is proper to do so, it may disallow, wholly or in part, any items of expenditure covered by a claim under this Part.(5) Where an amount payable under this Part would include a fraction of a dollar, the Authority may round off the amount in such manner as it thinks fit, and the amount as so rounded off shall be the amount payable.(6) For the purposes of subsection (2) (b), an amount of expenditure incurred for election campaign purposes by a candidate for election to the Assembly includes, if the candidate is the endorsed candidate of a registered party, any amount of electoral expenditure that is:(a) incurred by that party for the benefit of the candidate or for the benefit of the candidate and other candidates endorsed by the party at the election, and(b) invoiced by that party to the candidate for payment.(7) For the purposes of subsection (6), a payment is to be made under this Part even if:(a) the electoral expenditure incurred by the registered party was not incurred as an agent for the candidate, and(b) the candidate had no legal liability to pay to the party the amount of electoral expenditure invoiced.
A claim under this Part shall be deemed not to be validly lodged with the Authority unless it is accompanied by a certificate of an auditor stating:(a) that the auditor was given full and free access at all reasonable times to all accounts, records, documents and papers of the agent by whom the claim is to be lodged, and of the party, group or candidate, as the case may require, relating directly or indirectly to the expenditure referred to in the claim,(b) that the auditor duly examined such of those accounts, records, documents and papers as the auditor considers material for the purpose of giving the certificate,(c) that the auditor received all information and explanations that the auditor asked for with respect to the expenditure referred to in the claim, subject to the qualifications (if any) specified in the certificate,(d) that the auditor is satisfied that, from the information available to the auditor, the expenditure specified in the claim was incurred and is, having regard to this Act, the regulations and the guidelines determined under section 24, expenditure which may properly be the subject of such a claim, and(e) that the auditor has no reason to think that any statement in the claim is not correct.
76 Expenditure to be vouched for
A claim under this Part shall be deemed not to be validly lodged with the Authority unless all expenditure specified in the claim is vouched for in the prescribed manner.
76A Making payments to party at direction of candidate
(1) A candidate to whom a payment is to be made under this Part for an election for an electoral district may direct the Authority to make the payment to a party that:(a) endorsed the candidate in that election, and(b) was a registered party as at the polling day for that election.(2) In that case, the party becomes entitled to the payment and the payment is to be made to that party instead of to that candidate.(3) A direction under this section:(a) may be made in anticipation of an entitlement to a payment under this Part, and(b) is required to be made in writing, and(c) may be revoked by the candidate by notice to the Authority given with the written consent of the party agent of the party.
(1) Subject to this Act, a payment to be made to a party, group or candidate under this Part shall be made to the party or official agent of the party, group or candidate.(2) The Authority may, if it thinks it proper to do so in the circumstances, direct that the whole or any part of a payment under this Part be made to a specified account with a bank, building society or credit union, being an account established by or on behalf of or in trust for or for the members of a party or group or to a specified account with a bank, building society or credit union, being an account established by or on behalf of or in trust for a candidate instead of to the party or official agent of the party, group or candidate, and payment shall be made accordingly.(2A) Despite subsections (1) and (2), payments to be made to a group or candidate are required to be paid into the campaign account of the group or candidate if such an account is required to be kept under section 96A.(3) Subject to and in accordance with the regulations, the Authority may, if it thinks it proper to do so in the circumstances, direct that the whole or any part of a payment under this Part be made to a person, body or organisation other than the party or official agent referred to in subsection (1), and payment shall be made accordingly.(4) Except as prescribed by the regulations, details of any direction under subsection (3) shall be included in the report of the Authority under section 107 (2) for the reporting period in which the direction was given.(5) Payments may be made under this Part to an agent subject to such reasonable conditions with respect to the disbursement of the amount paid as the Authority determines.(6) An agent shall comply with any condition determined in accordance with subsection (5) and applicable to the agent or any of his or her predecessors.Maximum penalty: 100 penalty units.
(7) It is a defence to a prosecution for an offence arising under subsection (6) if the agent establishes that the agent did not know, and could not have been reasonably expected to know, that the condition was applicable as referred to in that subsection.(8) Where a payment is made under this Part and the recipient is not entitled to receive the whole or any part of the amount paid, whether because of a false statement in a claim or otherwise, the amount or that part may be recovered by the Authority as a debt in any court of competent jurisdiction.
77A Prepayment on lodgment of claims
(1) If the Authority is unable to finalise a claim for payment lodged on behalf of a party within 14 days, the Authority is required to make a preliminary payment within that period of 14 days.(2) The preliminary payment is to be of an amount equal to 70 per cent of the total amount estimated by the Authority to be payable to the party, reduced by the amount of any advance payments made for the election concerned.(2A) For the purposes of subsection (2), the total amount estimated by the Authority to be payable to a party does not include any amount payable to the party under section 76A.(3) In making an estimate under this section, the Authority may, but need not, rely on information contained in the claim lodged by the party.(4) Preliminary payments are available only for amounts payable under Divisions 3 and 6.(5) If a party receives a preliminary payment in excess of the amount (if any) to which it becomes entitled under a claim for payment, the amount of the excess must be repaid to the Authority within 60 days after the Authority notifies the party.(6) The amount of any such excess may be recovered by the Authority as a debt in any court of competent jurisdiction or may be deducted from any other money owing to the party from the Authority.
78 Payments conditional on disclosure of political donations etc
A party, group or candidate is not eligible for any payment (other than advance payments) under this Part in respect of a general election while any failure to lodge a requisite declaration under Part 6 in respect of the party, group or candidate for a past period continues.
Where a candidate dies and would, but for his or her death, have been entitled to a payment under this Part, the Authority may make the payment to the candidate’s legal personal representatives or otherwise in accordance with section 77.
80 Alteration in composition of group
Where there is an alteration in the composition of a group and the Authority is satisfied that the identity of the group is substantially unaltered, payments may be made under this Part as if its composition had not altered.
81 Public access to claims etc
(1) A claim lodged with the Authority for a payment under this Part, together with any papers and correspondence relating to the assessment of the claim by the Authority, or a copy thereof, shall be retained by the Authority for at least 6 years after the polling day for the election to which it or they relate, and any such claim, papers and correspondence, or a copy thereof, shall be available for public inspection during ordinary office hours.(2) The Authority may, on application made to it and on payment of a reasonable fee to be determined from time to time by the Authority, provide copies of or extracts from any claim, papers or correspondence referred to in subsection (1).
(1) A person who, in any claim lodged with the Authority for a payment under this Part, makes a statement that is false or misleading in a material particular, knowing it to be false or not reasonably believing it to be true, is guilty of an offence.(2) A candidate or member of a group who, in relation to any matter to be included in a claim for a payment under this Part, gives or withholds giving information to the official agent of the candidate or group knowing that it will result in the making of a false or misleading claim by the agent in whole or in part is guilty of an offence.Maximum penalty: 200 penalty units or imprisonment for 2 years, or both.