141Prepayment on lodgment of claims

141 Prepayment on lodgment of claims

(1)  If the Commission is unable to finalise a claim for payment lodged on behalf of a registered party within the period of 60 days after the claim is lodged, the Commission is required to make a preliminary payment within that period.

(2)  The preliminary payment is to be of an amount equal to 90% of the total amount estimated by the Commission to be payable to the party, reduced by the amount of any advance payments made for the election concerned.

(3)  In making an estimate under this section, the Commission may, but need not, rely on information contained in the claim lodged by the party.

(4)  If a party receives a preliminary payment in excess of the amount, if any, to which it becomes entitled under a claim for payment, the amount of the excess must be repaid to the Commission within 60 days after the Commission notifies the party.

(5)  The amount of any such excess may be recovered by the Commission as a debt in any court of competent jurisdiction.