77Prepayment on lodgment of claims

77 Prepayment on lodgment of claims

77 Prepayment on lodgment of claims

(cf section 69 EFED Act)

(1) If the Electoral Commission is unable to finalise a claim for payment lodged on behalf of a party within 14 days, the Electoral Commission is required to make a preliminary payment within that period of 14 days.

(2) The preliminary payment is to be of an amount equal to 90% of the total amount estimated by the Electoral 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 Electoral 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 Electoral Commission within 60 days after the Electoral Commission notifies the party.

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