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ELECTORAL ACT 2002 - SECT 212 Making of payments

ELECTORAL ACT 2002 - SECT 212

Making of payments

    (1)     An amount is only payable if the statement required to be given to the Commission has been given to the Commission.

S. 212(2) amended by No. 30/2018 s. 53(1).

    (2)     Subject to subsection (2A), the amount payable is—

        (a)     if the statement specifies that not less than the entitlement has been spent or incurred in relation to the election, the whole of the entitlement; or

        (b)     if the statement specifies that an amount that is less than the entitlement has been spent or incurred in relation to the election, an amount equal to the amount specified in the statement.

S. 212(2A) inserted by No. 30/2018 s. 53(2).

    (2A)     The amount payable is reduced by double the amount of the part of the amount of any political donation that is received in contravention of this Part by—

        (a)     in an election for a candidate endorsed by a registered political party, the candidate or the registered political party during the election period; or

        (b)     in an election for a candidate who is not endorsed by a registered political party, the candidate during the election period.

    (3)     If an amount is payable in respect of votes given in an election for a candidate endorsed by a registered political party, the Commission must make the payment to the registered officer of the registered political party within 30 days after the Commission has been given the statement.

    (4)     If an amount is payable in respect of votes given in an election for a candidate who is not endorsed by a registered political party, the Commission must make the payment to the candidate within 30 days after the Commission has been given the statement.

S. 212(4A) inserted by No. 30/2018 s. 53(3).

    (4A)     The registered officer of a registered political party or a candidate who receives a payment from the Commission under this section must pay the amount of the payment into the State campaign account.

    (5)     If a payment is made and the recipient is not entitled to receive the whole or a part of the amount paid, that amount or that part of that amount may be recovered by the Commission as a debt due to the State by action against the person in a court of competent jurisdiction.

S. 212A inserted by No. 30/2018 s. 54.