(1) A payment under
this Division cannot be made unless a claim for the payment has been lodged
with the Electoral Commissioner in an approved form before the expiration of
the claims period referred to in subsection (6).
(2) A claim for
payment under this Division for the eligible votes given for a candidate
endorsed by a registered political party may be lodged by, and only by —
(a) in
the case of a candidate not included in a group, the agent of the registered
political party; or
(b) in
the case of a candidate included in a party group, the agent of the registered
political party; or
(c) in
the case of a candidate included in a group, other than a party group, the
agent of the group.
(3) If a registered
political party endorsed candidates in 2 or more elections held on the same
day, all claims for payment under this Division lodged by the agent of the
party under subsection (2)(a) or (b) in relation to those elections must be
lodged as one claim.
(4) A claim for
payment under this Division for the eligible votes given for a candidate not
endorsed by a registered political party may be lodged by, and only by —
(a) in
the case of a candidate not included in a group, the agent of the candidate;
or
(b) in
the case of a candidate included in a group, the agent of the group.
(5) A claim for a
payment under this Division is to be accompanied by any information required
by the Electoral Commissioner regarding —
(a) in
the case of a claim lodged by the agent of a registered political party under
subsection (2)(a) or (b), the electoral expenditure incurred by or with the
authority of the party in relation to —
(i)
the election to which the claim relates; or
(ii)
in the case of a claim lodged in accordance with
subsection (3), the elections to which the claim relates;
or
(b) in
the case of a claim lodged by the agent of a candidate under subsection
(4)(a), the electoral expenditure incurred by or with the authority of the
candidate in relation to the election to which the claim relates; or
(c) in
the case of a claim lodged by the agent of a group under subsection (2)(c) or
(4)(b), the electoral expenditure incurred by or with the authority of persons
included in the group in relation to the election to which the claim relates.
(6) For the purposes
of subsection (1) the claims period is —
(a) the
period of 20 weeks after polling day in the election or elections to which the
claim relates; or
(b) such
longer period as the Electoral Commissioner fixes before the end of the period
specified in paragraph (a).
(7) The Electoral
Commissioner cannot fix a longer period for the purpose of subsection (6)(b)
unless satisfied that the circumstances of the case justify the fixing of a
longer period.
[Section 175LD inserted: No. 55 of 2006 s. 6.]