Commonwealth Electoral Act 1918

The regulations may provide for an amount to be paid, after a qualifying election is held, as an advance on election funding that may become payable (a future entitlement):

under section 293 in relation to a registered political party for an election to be held in the future; or

under section 294 in relation to a candidate in an election to be held in the future.

Either of the following is a qualifying election:

a general election;

a Senate election for all States and Territories.

The regulations must not provide for an amount to be paid as an advance on a future entitlement under section 293 in relation to a registered political party unless:

an amount was payable to the registered political party under section 293 for the qualifying election and the advance amount does not exceed that amount; and

a claim is made in respect of the registered political party in accordance with the regulations.

The regulations must not provide for an amount to be paid in advance of a future entitlement under section 294 in relation to a candidate unless:

either:

an amount was payable to the candidate under section 294 as a candidate in the qualifying election and the advance amount does not exceed that amount; or

an amount was payable to a group in the qualifying election under section 295, the candidate was a member of the group and the advance amount does not exceed the amount determined under subsection (5); and

a claim is made in respect of the candidate in accordance with the regulations.

For the purposes of subparagraph (4)(b)(ii), the amount is the lower of:

the amount payable to the group in the qualifying election as mentioned in the subparagraph; and

the proportion of that amount prescribed by or worked out in accordance with the regulations.

The regulations must not provide for more than one amount to be paid as an advance on any particular future entitlement. This does not prevent the regulations providing for an amount to be paid in instalments.

If an amount paid as an advance on a future entitlement exceeds the future entitlement, the regulations (together with this Division) must have the effect that the excess may be recovered by the Commonwealth as a debt due to the Commonwealth by action against the recipient in a court of competent jurisdiction.

The regulations must require the Electoral Commissioner to publish determinations made by the Electoral Commissioner of claims for advance amounts.

The regulations may make provision for any or all of the following matters:

the making of claims for advance amounts;

the amount, or methods to work out the amount, of advance amounts;

when and how advance amounts are payable;

how recipients are to deal with advance amounts;

the reduction of amounts to be paid in respect of any future entitlement in recognition of an amount having been paid as an advance on the entitlement;

reporting obligations in relation to advance amounts;

any other matters necessary or convenient to be prescribed for carrying out or giving effect to advance amounts provided for in accordance with subsection (1).

For the purposes of sections 299 (recovery of amounts that are not payable) and 302 (appropriation) and Division 6 (miscellaneous):

an advance amount paid under regulations made for the purposes of this section is a payment made under this Division; and

a claim made in accordance with regulations made for the purposes of this section is a claim under this Part.

The references in section 314AN (power of authorised officers to obtain information—compliance) to this Part include references to regulations made for the purposes of this Part.