72Entitlements to advance payments

#### 72 Entitlements to advance payments 72 Entitlements to advance payments (cf section 63 EFED Act) > > (1) A registered party is, subject to and in accordance with this Act, eligible for an advance payment from the Election Campaigns Fund for electoral expenditure incurred in connection with a general election of an amount determined in accordance with subsection (2). > > > (2) A party may receive the following amounts by way of advance payment under this section at the following times— > > > > > (a) 50% of the total amount to which the party was entitled under this Part in respect of the previous general election, after the commencement of the capped State expenditure period for the general election and before the issue of the writs for the general election, > > > > > (b) a further 25% of the total amount to which the party was entitled under this Part in respect of the previous general election, after the issue of the writs for the general election. > > > (3) The amount payable by way of an advance payment under this section may be paid as a lump sum or in instalments. > > > (4) Any amount paid to a party by way of advance payment under this section in respect of a general election is to be deducted from the amount payable under this Part to the party from the Election Campaigns Fund in respect of that general election. > > > (5) If a party receives amounts by way of advance payment under this section in respect of a general election in excess of the amount (if any) to which it becomes entitled under this Part from the Election Campaigns Fund in respect of that general election, the amount of the excess must be repaid to the Electoral Commission within 60 days after the day for the return of the writs for that general election. > > > (6) Any amount received by a party by way of advance payment under this section in respect of a general election must be repaid, on demand by the Electoral Commission, to the Electoral Commission if— > > > > > (a) the party does not contest the general election, or > > > > > (b) before the election day for the general election, the party ceases to operate or be registered or it has been, or is being, dissolved or wound up. > > > (7) Any amount required to be repaid under this section may be recovered by the Electoral Commission as a debt in any court of competent jurisdiction. > > **s 72:** Am 2022 No 57, Sch 3\[19\].