Electoral Act 1985

Subject to this Division, in relation to an election for the Legislative

Council district (held simultaneously with a general election), the

Electoral Commissioner must, in a manner prescribed by the regulations, pay to the agent of a person or body referred to in the second column of the following table (under the heading "Recipient") the payments referred to in the third and fourth columns of the table (under the headings "Payment A" and "Payment

B") in accordance with the provisions of the table:

The following provisions apply for the purposes of the table:

the agent of a recipient referred to in the second column must lodge a certificate with the Electoral Commissioner in accordance with section 130PF;

for the purposes of the payments referred to in item 1, the notional amount means the amount calculated by multiplying—

the number of eligible votes given for each candidate or group endorsed by the party at the preceding Legislative Council election; by

the amount of election funding payable under section 130P for each such eligible vote as if they were given at the Legislative

Council election held simultaneously with the general election to which the payments referred to in the item relate;

for the purposes of the payments referred to in item 2—

the

notional amount means—

in the case of a party that became registered during the period beginning on the day after polling day for the Legislative Council election (the twice preceding Legislative Council election) preceding the general election preceding the election to which the payments relate and ending on polling day for the preceding general election—the amount calculated by multiplying—

• the number of eligible votes given at the Legislative Council election held simultaneously with that preceding general election for each candidate or group endorsed by the party at that Legislative Council election; by

• the amount of election funding payable under section 130P (after deducting any deductible amount (within the meaning of section 130Q) applying in relation to the Legislative Council election held simultaneously with that preceding general election from that amount) for each such eligible vote as if they were given at the

Legislative Council election to which the payments referred to in the item relate; or

in any other case—the amount calculated by multiplying—

• the number of eligible votes given for each candidate or group endorsed by the party at the twice preceding Legislative Council election; by

• the amount of election funding payable under section 130P (after deducting any deductible amount (within the meaning of section 130Q) applying in relation to the twice preceding Legislative Council election from that amount) for each such eligible vote as if they were given at the Legislative Council election held simultaneously with the general election to which the payments referred to in the item relate; and

subject to subparagraph (iii), in relation to a notional amount payable to the agent of an eligible

Legislative Council minor party calculated under subparagraph (i)(B) in respect of the twice preceding Legislative Council election—

the agent of the party may request that an amount specified in the request (which may not exceed 50% of the notional amount) be paid to the agent for the purposes of the Legislative Council election next occurring after that twice preceding Legislative Council election;

and

the

Electoral Commissioner must, in a manner prescribed by the regulations, pay to the agent of the party the specified amount as soon as reasonably practicable after the day on which a certificate under section 130PF is lodged for the party for the purposes of the payment; and

for the purposes of subparagraph (ii)—

a request of a kind referred to in subparagraph (ii) must be included in the certificate lodged with the Electoral

Commissioner by the agent of the party in accordance with section 130PF;

and

the payment referred to in subparagraph (ii) must be made as soon as reasonably practicable after the day on which the certificate is lodged; and

the amount paid under subparagraph (ii)(B) will be deducted from the amount payable to the agent under this

Division in respect of the next Legislative Council election (being the election next occurring after the Legislative Council election in relation to which that amount is paid);

for the purposes of the payments referred to in item 3, the notional amount means the amount calculated by multiplying—

the number of eligible votes given at the twice preceding Legislative

Council election for the member; by

the amount of election funding payable under section 130P for each such eligible vote as if they were given at the Legislative

Council election to which the payments referred to in the item relate;

for the purposes of the payments referred to in item 4, the notional amount means the amount calculated by multiplying—

the number of eligible votes given at the twice preceding Legislative

Council election for the group of which the member was a member; by

the amount of election funding payable under section 130P for each such eligible vote as if they were given at the Legislative

Council election to which the payments referred to in the item relate;

for the purposes of the payment referred to in item 5, the notional amount, in relation to an entitled group (the recontesting group), means the amount calculated by multiplying—

the number of eligible votes given at the preceding Legislative Council election for the group of which the member of the recontesting group whose name is to appear first in the recontesting group on the ballot papers was a member; by

the amount of election funding payable under section 130P for each such eligible vote as if they were given at the Legislative

Council election to which the payments referred to in the item relate;

for the purposes of the payment referred to in item 6, the notional amount means the amount calculated by multiplying—

the number of eligible votes given at the preceding Legislative Council election for the candidate; by

the amount of election funding payable under section 130P for each such eligible vote as if they were given at the Legislative

Council election to which the payments referred to in the item relate.

If a Legislative Council minor party—

endorses

1 or more candidates in a Legislative Council election and 1 or more candidates in House of Assembly districts at the general election with which the Legislative Council election is held simultaneously;

and

has not endorsed 1 or more candidates in House of Assembly districts at a previous general election (whether held before or after the commencement of this subsection), the

Electoral Commissioner must, in a manner prescribed by the regulations, pay to the agent the amount of $5 000 (2026 indexed) for each candidate endorsed by the party in a House of Assembly district (up to the prescribed maximum number (as defined in section 130PA)).

For the purposes of subsection (3)—

the certificate lodged by the agent of the party with the Electoral

Commissioner in accordance with section 130PF must include a declaration that the party has not endorsed 1 or more candidates in House of Assembly districts at a previous general election; and

the amount payable under subsection (3) must be paid to the agent as soon as reasonably practicable after the day on which the certificate is lodged.

In this section—

Legislative

Council minor party, in relation to an election, means a registered political party in respect of which—

2 or fewer members of the party are members of the Legislative Council (or were members of the Legislative Council at the time of the dissolution of the Parliament in relation to the election); and

no other member of the party is a member of Parliament (or was a member of Parliament at the time of the dissolution of the Parliament in relation to that election).