90Provisions relating to quarterly payments

#### 90 Provisions relating to quarterly payments 90 Provisions relating to quarterly payments (cf section 97GA EFED Act) > > (1) For this division, if actual administrative expenditure is incurred by or on behalf of a party or elected member in a quarter in excess of the amount, if any, to which the party or elected member is eligible under section 87 or 88 in respect of that quarter, the amount of the excess— > > > > > (a) may be carried over to a subsequent quarter, but > > > > > (b) must not be carried over to more than 8 subsequent quarters (the total 2-year period). > > > (1A) The excess amount for a quarter carried over in subsection (1) is taken to be actual administrative expenditure incurred in the subsequent quarter within the total 2-year period. > > > (2) If a party or elected member receives amounts by way of quarterly payment in excess of the amount (if any) to which the party or elected member becomes eligible under section 87 or 88 in respect of that quarter, the amount of the excess must be repaid to the Electoral Commission within 60 days after the party or party agent of the party or elected member receives notice in writing from the Electoral Commission of the amount of the excess payment. > > > (2A) If actual administrative expenditure incurred by or on behalf of a party or elected member in a quarter was less than the maximum amount, if any, the party or elected member would have been eligible to receive under section 87 or 88 for the quarter, had the actual administrative expenditure been incurred, the difference may be carried over to a subsequent quarter in the same calendar year and added to the maximum amount the party or elected member is eligible to receive under section 87 or 88 in the subsequent quarter. > > > (3) All amounts received by a party or elected member by way of quarterly payments must be repaid, on demand by the Electoral Commission, to the Electoral Commission if the party or elected member is not eligible under section 87 or 88 for a quarterly payment from the Administration Fund in relation to that quarter. > > **s 90:** Am 2022 No 57, Sch 3\[23\] \[24\]; 2026 No 6, Sch 2\[32\].