Electoral Act 1992

The commission may vary a decision (the claim decision) made under section 231 to accept an amount of electoral expenditure stated in a claim if the commission is satisfied—

the amount of electoral expenditure should not have been accepted; or

only a lesser amount of electoral expenditure should have been accepted.

If the commission makes a decision (the variation decision) to vary the claim decision, sections 233, 234 and 235 apply in relation to the variation decision as if it were, to the extent of the variation, a decision of the commission to refuse the claim.

If the commission makes a variation decision, and the total amount of election funding that has been paid to a person under the claim decision exceeds the amount that, under the variation decision, should have been paid to the person—

the amount of the excess is an overpayment; and

the overpayment may be recovered by the State as a debt due to the State.