94Claims for payment

#### 94 Claims for payment 94 Claims for payment (cf section 97J EFED Act) > > (1) A party or elected member is entitled to receive an annual payment for a calendar year or financial year, or a quarterly payment, under this Part only if the party agent of the party or member concerned makes a claim for the payment in accordance with this Division. > > > (2) A claim must— > > > > > (a) be lodged with the Electoral Commission and be in writing, and > > > > > (b) be accompanied by a declaration and such information or evidence as the Electoral Commission may require under this Division, including (but not limited to) information or evidence that the Electoral Commission requires to establish the eligibility of the party or elected member to make the claim, and > > > > > (b1) for an elected member—be accompanied by a further declaration that the member has not made and will not make, for the same item of administrative expenditure, a claim under this part and a claim for an additional entitlement, and > > > > > (c) in relation to a claim for a quarterly payment—be made within 3 months after the end of the quarter for which payment is to be made, and > > > > > (d) in any other case—be made within 6 months after the end of the calendar year or financial year for which payment is to be made. > > > (3) Entitlement to an annual or quarterly payment under this Part is to be determined as at the end of the calendar year or financial year or quarter for which the payment is to be made. > > > (3A) In dealing with a claim for payment, the Electoral Commission may, but need not, rely on a declaration made under section 94(2)(b1) or 96A. > > > (4) Payments under this Part are to be made to the party agent of the party or the elected member concerned. > > > (5) A payment under this Part for which a party or elected member is eligible is required to be made within the period of 30 days after the Electoral Commission receives all of the following— > > > > > (a) a claim for the payment that complies with this Division, > > > > > (b) all other documentation that is required to be provided under this Division in connection with the claim, > > > > > (c) information or evidence required by the Electoral Commission under this Division in connection with the claim. > > > (6) Any amount required to be repaid to the Electoral Commission under this Part or to which the recipient is not entitled may be recovered by the Electoral Commission as a debt in any court of competent jurisdiction. > > > (6A) The Electoral Commission may recover, as a debt in a court of competent jurisdiction, an amount a party, or an elected member, has received as part of a quarterly payment for an item of administrative expenditure if an elected member of the party, or the elected member, has, after making a claim for payment under this part, received a payment of an additional entitlement for the same item of administrative expenditure. > > > (7) The Electoral Commission may deduct from any payment due under this Part in respect of a party or elected member any amount that the Electoral Commission is authorised by this Part to recover as a debt from the party or party agent of the party or elected member. > > **s 94:** Am 2022 No 57, Sch 3\[31\] \[32\]; 2025 No 29, Sch 1\[5\]–\[7\].