Division 3Division 3 General provisions relating to funding
64 Claims for, and approvals of, payments
(1) A claim for payment under this Part (other than an advance payment) in respect of a State election must be lodged with the Authority before the expiration of 120 days after the day for the return of the writs for the election.Note. Section 106 authorises the Authority to extend the time for lodging a claim for payment.(2) Subject to this Act, the Authority must:(a) approve the making of the payment under this Part if:(i) a claim for the payment is made by the party or party agent for the party, or by the official agent of the candidate, in the form and manner approved by the Authority, and(ii) the claim is reviewed by an auditor in accordance with section 65, and(iii) the Authority is satisfied that the party or candidate is eligible for the payment, or(b) refuse to approve the making of the payment under this Part to the extent that the payment would exceed the amount of electoral communication expenditure for which payment may be made under this Part.(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) If 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.
A claim under this Part is not 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 or candidate, as the case may require, relating directly or indirectly to the expenditure referred to in the claim, and(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, and(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, and(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.
66 Expenditure to be vouched for
A claim under this Part is not validly lodged with the Authority unless all expenditure specified in the claim is vouched for in the manner prescribed by the regulations.
67 Making payments to party at direction of candidate
(1) A candidate to whom a payment is to be made under this Part in respect of an election 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 on 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 or candidate under this Part is to be made to the party or party agent of the party or to the official agent of the candidate (as the case requires).(2) The Authority may instead, 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 financial institution established for or in trust for a party, for the members of a party or for a candidate.(3) Despite subsections (1) and (2), payments to be made to a candidate are required to be paid into the campaign account of the candidate if such an account is required to be kept under section 96A.(4) 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, party agent or official agent referred to in subsection (1).(5) Except as prescribed by the regulations, details of any direction under subsection (4) are to be included in the report of the Authority under section 107 (2) for the reporting period in which the direction was given.(6) 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.(7) An agent must comply with any condition determined in accordance with subsection (6) and applicable to the agent or any of his or her predecessors.Maximum penalty: 100 penalty units.
(8) It is a defence to a prosecution for an offence arising under subsection (7) if the agent establishes that the agent did not know, and could not reasonably have known, that the condition was applicable as referred to in that subsection.(9) 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 of the amount may be recovered by the Authority as a debt in any court of competent jurisdiction.
69 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 (other than under section 67), reduced by the amount of any advance payments made for the election concerned.(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) 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.(5) The amount of any such excess may be recovered by the Authority as a debt in any court of competent jurisdiction.
70 Payments conditional on disclosure of political donations etc
(1) A party 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 (or annual financial statement) under Part 6 for a past period continues in respect of the party or candidate (or of any group of which the candidate is a member).(2) If the Authority is authorised under section 96J to recover from a party or candidate (or from the official agent of the party or candidate) an amount relating to the unlawful acceptance of a political donation or other amount, the Authority may deduct the amount from any payment (other than an advance payment) under this Part.
If 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 representative or otherwise in accordance with section 68.
72 Deductions from payment for debts owed
The Authority may deduct from any payment due under this Part in respect of a party or candidate all or any overpayment or excess amount that the Authority is authorised by this Part to recover as a debt from the party or candidate.
73 Special provisions relating to groups
(1) If there is an alteration in the composition of a group at a periodic Council election 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.(2) A reference in this Part to the official agent of a candidate or to the campaign account of a candidate is (if a candidate at a periodic Council election) a reference to the official agent or campaign account of the group.
74 Public access to claims etc
(1) A claim lodged with the Authority for a payment under this Part, together with any documents relating to the assessment of the claim by the Authority, or a copy thereof, must be retained by the Authority for at least 6 years after the polling day for the election to which it or they relate. Any such claim and documents, or a copy thereof, must 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 or documents 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 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 knowing that it will result in the making of a false or misleading claim by the agent is guilty of an offence.Maximum penalty: 200 penalty units or imprisonment for 2 years, or both.