Payment not to be made or to be reduced in certain circumstances
130Q Payment not to be made or to be reduced in certain circumstances
A payment referred to in section 130P will not be made in respect of votes given in an election for a candidate unless—
the total number of eligible votes cast in favour of the candidate is—
in the case of a candidate in a Legislative Council election—at least
2% of the total primary vote; or
in the case of a candidate in a House of Assembly election—at least
4% of the total primary vote; or
the candidate is elected.
A payment referred to in section 130P will not be made in respect of votes given in an election for a group unless—
the total number of eligible votes cast in favour of the group is at least 2% of the total primary vote; or
a member of the group is elected.
A payment referred to in section 130P will not be made in respect of votes given in an election for a candidate or group unless—
a certificate was lodged under section 130PF in respect of the candidate or group for the election; or
if paragraph (a) does not apply, within 14 days after polling day for the election (or such longer period as the Electoral Commissioner may allow), the agent of the candidate or group lodges a certificate under this paragraph to receive funding in respect of the election.
A certificate under subsection (3)(b) must—
be accompanied by any information or material required by the Electoral
Commissioner; and
be lodged in a manner and form determined by the Electoral
Commissioner.
The deductible amount for a House of Assembly election or Legislative
Council election must be deducted from the amount of election funding payable in accordance with section 130P(1)(a) or (b) to the agent of a registered political party for the relevant election.
No amount is payable under this Division to the agent of a registered political party in relation to an election if the date of registration of the party under Part
6 is less than 8 months before polling day for the election to which the amount relates.
If the agent of a person to whom Division 6 applies fails to ensure that the person does not incur political expenditure in excess of the person's applicable expenditure cap during the capped expenditure period in relation to an election—
the amount payable in accordance with section 130P to that agent is reduced by an amount equal to 20 times the excess amount; or
if the excess amount is greater than the amount payable in accordance with section 130P—the payment will not be made to the relevant agent.
If, in relation to the payment of an amount in accordance with section 130P to an agent, the Electoral Commissioner is not satisfied, based on an expenditure return under section 130ZQ furnished by the relevant agent, that—
in the case of a payment to be made to the agent of a registered political party—the combined political expenditure of the party and candidates endorsed by the party; or
in the case of a payment to be made to the agent of a candidate not endorsed by a registered political party or a group whose members are not endorsed by a registered political party—the political expenditure of the candidate or group (as the case requires), exceeds the amount that would, apart from this subsection, be payable in accordance with section 130P to the relevant agent—
in a case where there is no satisfactory evidence of political expenditure—a payment in accordance with section 130P will not be made to the relevant agent; or
in a case where there is satisfactory evidence of political expenditure but the total of that expenditure is less than the amount that would otherwise be payable in accordance with section 130P to the relevant agent—the amount payable in accordance with section 130P is reduced to an amount equal to the amount of that expenditure.
The following provisions apply for the purposes of determining the
deductible amount in relation to election funding payable to the agent of a registered political party:
for a general election (of members of the House of Assembly), the deductible amount is determined—
by dividing the number of districts in which a candidate is endorsed by the party at the general election by the total number of House of
Assembly districts and then multiplying the quotient of that
division by the aggregate primary vote to obtain the relevant aggregate primary vote;
and
by dividing the sum of the eligible votes given for the candidates endorsed by the party at the general election by the relevant aggregate primary vote; and
by subtracting 0.33 from the quotient obtained in subparagraph (ii);
and
if the result of the subtraction under subparagraph (iii) is negative, the deductible amount is $0; and
if the result of the subtraction under subparagraph (iii) is positive, the deductible amount is the amount obtained by—
multiplying the result of that subtraction by the relevant aggregate primary vote; and
multiplying the result of that multiplication by $5.50 (2026 indexed);
for a Legislative Council election, the deductible amount is determined—
by dividing the sum of the eligible votes given for the groups and candidates endorsed by the party at the election by the Legislative
Council aggregate primary vote; and
by subtracting 0.33 from the quotient obtained in subparagraph (i);
and
if the result of the subtraction under subparagraph (ii) is negative, the deductible amount is $0; and
if the result of the subtraction under subparagraph (ii) is positive, the deductible amount is the amount obtained by—
multiplying the result of that subtraction by the total primary vote; and
multiplying the result of that multiplication by $5.50 (2026 indexed).
In this section—
aggregate primary vote means the total number of eligible votes cast in favour of all of the candidates in a general election of members of the House of
Assembly;
deductible amount—see subsection (9);
excess amount, in relation to a person, means the amount by which—
the political expenditure of the person; and
any political expenditure of another person or body incurred as part of a scheme of a kind referred to in section 130ZZE(a3)(a), exceed the applicable expenditure cap;
Legislative
Council aggregate primary vote means the total number of eligible votes cast in favour of all of the candidates (including members of groups) in a Legislative
Council election.
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