Division 4 General provisions relating to funding

97J   Claims for payment

(1)  A party or elected member is entitled to receive an annual payment for a calendar year, or a quarterly payment, under this Part only if the party or member makes a claim for the payment in accordance with this Division.

(2)  A claim must:

(a)  be lodged with the Authority and be in writing, and

(b)  be accompanied by a declaration and such information or evidence as the Authority may require under this Division, including (but not limited to) information or evidence that the Authority requires to establish the eligibility of the party or elected member to make the claim, and

(c)  be made within 6 months after the end of the calendar year for which payment is to be made, unless the claim is for a quarterly payment.

(3)  Entitlement to an annual payment under this Part is to be determined as at the end of the calendar year for which the payment is to be made.

(4)  Payments under this Part are to be made to the agent of the party or elected member concerned.

(5)  A payment under this Part for which a party or elected member is eligible is required to be made within the period of 6 weeks after the Authority receives all of the following:

(a)  a claim for the payment that complies with this Division,

(b)  all other documentation that is required to be provided under this Division in connection with the claim,

(c)  information or evidence required by the Authority under this Division in connection with the claim.

(6)  Any amount required to be repaid to the Authority under this Part or to which the recipient is not entitled may be recovered by the Authority as a debt in any court of competent jurisdiction.

(7)  The Authority may deduct from any payment due under this Part in respect of a party or elected member any amount that the Authority is authorised by this Part to recover as a debt from the party or elected member or agent of the party or elected member.

97K   Declarations etc by agents

(1)  An agent of any party or elected member who makes a claim for a payment under this Part is required to make such declarations and provide such information (accompanied by a certificate of an auditor) as the Authority may require in connection with the payment.

(2)  The Authority is to make available to members of the public for inspection the contents of any declaration, certificate or other information it receives under this section.

97L   Payments conditional on compliance with other obligations under this Act

(1)  A party or elected member is not eligible for any payment under this Part 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 member.

(2)  If the Authority is authorised under section 96J to recover from a party or elected member (or from the official agent of the party or member) an amount relating to the unlawful acceptance of a political donation or other amount, the Authority may deduct the amount from any payment under this Part.

97M   False statements

(1)  A person who, in any claim lodged with the Authority for a payment under this Part or in any declaration 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 person who, in relation to any matter to be included in a claim or declaration under this Part, gives or withholds giving information to the party or agent knowing that it will result in the making of a false or misleading claim or declaration in whole or in part is guilty of an offence.

Maximum penalty: 100 penalty units.