Commonwealth Electoral Act 1918

Election funding is payable in relation to a registered political party under this section for an election if either of the following applies:

in respect of a candidate whom the party endorses in a House of Representatives election, or in a Senate election and who is not a member of a group—the total number of formal first preference votes given for the candidate is at least 4% of the total number of formal first preference votes cast in the election;

in respect of candidates whom the party endorses in a Senate election and who are members of a group—the total number of formal first preference votes given for the members of the group is at least 4% of the total number of formal first preference votes cast in the election.

A claim must be made for election funding of more than $10,000 to be paid (see section 297).

The amount of election funding that is payable in relation to the party is:

the total of the following amounts for each candidate who satisfies paragraph (1)(a) and each group that satisfies paragraph (1)(b):

the amount worked out by multiplying $5 by the number of formal first preference votes given for the candidate in the election, based on formal first preference votes counted as at the day mentioned in subsection (3);

if a group is a single‑party endorsed group—the group amount for the group;

if a group is a jointly endorsed group—the percentage of the group amount for the group that is specified in an agreement made in accordance with subsection (4), or if there is no such agreement, that is determined for the party by the Electoral Commissioner; or

if the amount worked out under paragraph (a) is more than $10,000—the lesser of:

the amount worked out under that paragraph; and

the amount of electoral expenditure that is claimed in respect of the registered political party for all elections held that day, and accepted by the Electoral Commission under section 298C.

The dollar amounts specified in subparagraph (2)(a)(i) and paragraph (b) are indexed under section 321.

The amount worked out under paragraph (2)(a) is based on formal first preference votes counted as at the day:

if the amount is to be paid under Subdivision BA—that is 20 days after the polling day for the election or elections; or

if the amount is to be paid under Subdivision C—a determination on the party’s interim claim or final claim (as the case requires) for election funding is made by the Electoral Commission.

An agreement made for the purposes of subparagraph (2)(a)(iii) must:

be signed by the agents of each of the parties endorsing candidates in the jointly endorsed group; and

specify percentages for each of those parties that together do not exceed 100%; and

be given to the Electoral Commission before the 20th day after the polling day for the election.