Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If:
(a) the Electoral Commission has made a decision (the claim decision ) under section 298C to accept an amount of electoral expenditure specified in a final claim; and
(b) the Electoral Commission becomes satisfied that:
(i) the amount of electoral expenditure should not have been accepted; or
(ii) only a lesser amount of electoral expenditure should have been accepted;
the Electoral Commission may vary the claim decision accordingly.
(2) If the Electoral Commission makes a decision (the variation decision ) to vary the claim decision, sections 298F, 298G and 298H apply in relation to the variation decision as if it were, to the extent of the variation, a decision of the Commission to refuse the claim.
(3) If:
(a) the Electoral Commission varies the claim decision; and
(b) the total amount of election funding that has been paid to a person in respect of the final claim, and any interim claim, exceeds the amount that, under the claim decision as varied, should have been paid to the person in respect of the final claim;
the amount of the excess is an overpayment, and may be recovered by the Commonwealth as a debt due to the Commonwealth by action against the person.