COMMONWEALTH ELECTORAL ACT 1918 - SECT 298C Determination of claim

COMMONWEALTH ELECTORAL ACT 1918 - SECT 298C

  (1)   The Electoral Commission must, within 20 days of the Electoral Commission receiving a claim:

  (a)   decide whether to accept or refuse the claim, in whole or in part; and

  (b)   to the extent that the Electoral Commission accepts the claim--pay the amount required by section   298D or 298E.

  (2)   In deciding whether to accept or refuse a claim, in whole or in part, the Electoral Commission must only consider:

  (a)   whether expenditure claimed is electoral expenditure; and

  (b)   if expenditure claimed is electoral expenditure--both:

  (i)   whether the electoral expenditure was incurred; and

  (ii)   whether the electoral expenditure has been specified in a claim made by another agent.

  (3)   If an interim claim is accepted, in whole or in part, and a final claim is not lodged:

  (a)   no further election funding is payable; and

  (b)   the interim claim is taken to be a final claim accepted, in whole or in part, by the Electoral Commission for the purposes of subsection   301(1); and

  (c)   if the interim claim is accepted only in part--the interim claim is taken to be a final claim refused in part by the Electoral Commission for the purposes of sections   298F, 298G and 298H.

  (4)   If:

  (a)   an interim claim is refused; and

  (b)   a final claim is not lodged;

the interim claim is taken to be a final claim refused by the Electoral Commission for the purposes of sections   298F, 298G and 298H.

  (5)   To avoid doubt, subsection   (3) does not require the Electoral Commission to determine the amount of election funding that is payable based on formal first preference votes counted as at the day the interim claim is taken to be a final claim.