Electoral Act 1907

In this section —

eligible candidate means—

an endorsed candidate of a registered political party in relation to which a party opt‑in request is lodged under section 175LC and is not withdrawn; or

a non‑party candidate in relation to whom a non‑party opt‑in request is lodged under section 175LCA and is not withdrawn.

Subject to this Division, after an election the higher reimbursement amount is payable for each eligible vote given in the election for an eligible candidate.

Subject to this Division, after an election the lower reimbursement amount is payable for each eligible vote given in the election for a candidate who is not an eligible candidate.

[Section 175LCC inserted: No. 30 of 2023 s. 123.]

175LD. Claim for payment, requirement for and making etc.

A payment under this Division cannot be made unless a claim for the payment has been lodged with the Electoral Commissioner in an approved form before the expiration of the claims period referred to in subsection (6).

A claim for payment under this Division for the eligible votes given for an endorsed candidate of a registered political party may be lodged by, and only by —

in the case of a candidate not included in a group, the agent of the registered political party; or

in the case of a candidate included in a party group, the agent of the registered political party; or

in the case of a candidate included in a non‑party group, the agent of the group.

If a registered political party has endorsed candidates in 2 or more elections that have the same polling day, all claims for payment under this Division lodged by the agent of the party under subsection (2)(a) or (b) in relation to those elections must be lodged as one claim.

A claim for payment under this Division for the eligible votes given for a non‑party candidate may be lodged by, and only by —

in the case of a candidate not included in a group, the agent of the candidate; or

in the case of a candidate included in a group, the agent of the group.

A claim for a payment under this Division is to be accompanied by any information required by the Electoral Commissioner regarding —

in the case of a claim lodged by the agent of a registered political party under subsection (2)(a) or (b), the electoral expenditure incurred by or with the authority of the party in relation to —

the election to which the claim relates; or

in the case of a claim lodged in accordance with subsection (3), the elections to which the claim relates;

or

in the case of a claim lodged by the agent of a candidate under subsection (4)(a), the electoral expenditure incurred by or with the authority of the candidate in relation to the election to which the claim relates; or

in the case of a claim lodged by the agent of a group under subsection (2)(c) or (4)(b), the electoral expenditure incurred by or with the authority of persons included in the group in relation to the election to which the claim relates.

For the purposes of subsection (1) the claims period is —

the period of 20 weeks after polling day in the election or elections to which the claim relates; or

such longer period as the Electoral Commissioner fixes before the end of the period specified in paragraph (a).

The Electoral Commissioner cannot fix a longer period for the purpose of subsection (6)(b) unless satisfied that the circumstances of the case justify the fixing of a longer period.

[Section 175LD inserted: No. 55 of 2006 s. 6; amended: No. 30 of 2023 s. 124.]