Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If an amount is payable under this Division in respect of votes given in an election or elections for a candidate or candidates endorsed by a registered political party, the Electoral Commission must:
(a) if:
(i) the party is the Liberal Party or a State branch of the Liberal Party; and
(ii) a notice for the election is in force under subsection (5E) in relation to the State branch of the Liberal Party that is organised on the basis of the State or Territory in which the candidate or candidates stood for election;
pay the applicable federal percentage of the amount to the agent of the Liberal Party and the applicable State percentage of the amount to the agent of the State branch of the Liberal Party mentioned in subparagraph (ii); or
(b) if paragraph (a) does not apply and the party is the Liberal Party or a State branch of the Liberal Party--pay the amount to the agent of the Liberal Party; or
(ba) if:
(i) the party is a designated federal party or a State branch of a designated federal party; and
(ii) a notice for the election is in force under subsection (5H) in relation to the State branch of the designated federal party that is organised on the basis of the State or Territory in which the candidate or candidates stood for election;
pay the applicable federal percentage of the amount to the agent of the designated federal party and the applicable State percentage of the amount to the agent of the State branch of the designated federal party mentioned in subparagraph (ii); or
(bb) if:
(i) paragraph (ba) does not apply; and
(ii) the party is a designated federal party or a State branch of a designated federal party;
pay the amount to the agent of the designated federal party; or
(c) if the party is the Australian Democrats and there is a principal agent appointed under section 288A--pay the amount to the principal agent; or
(d) in any other case--pay the amount to the agent of the State branch of the party that is organised on the basis of the State or Territory in which the candidate or candidates stood for election.
(2) Where an amount is payable under this Division in respect of votes given in an election for a candidate, the Electoral Commission shall make the payment to the agent of the candidate.
(3) Where an amount is payable under this Division in respect of votes given in a Senate election for a group, the Electoral Commission shall make the payment to the agent of the group.
(4) Where an amount is payable under this Division in respect of votes given in a Senate election for a group, the Electoral Commission shall:
(a) if:
(i) the members of the group were endorsed by one registered political party and that party is the Liberal Party or a State branch of the Liberal Party; and
(ii) a notice for the election is in force under subsection (5E) in relation to the State branch of the Liberal Party that is organised on the basis of the State or Territory in which the members of the group stood for election;
pay the applicable federal percentage of the amount to the agent of the Liberal Party and the applicable State percentage of the amount to the agent of the State branch of the Liberal Party mentioned in subparagraph (ii); or
(aa) if:
(i) paragraph (a) does not apply; and
(ii) the members of the group were endorsed by one registered political party and that party is the Liberal Party or a State branch of the Liberal Party;
pay the amount to the agent of the Liberal Party; or
(aaa) if:
(i) the members of the group were endorsed by one registered political party and that party is a designated federal party or a State branch of a designated federal party; and
(ii) a notice for the election is in force under subsection (5H) in relation to the State branch of the designated federal party that is organised on the basis of the State or Territory in which the members of the group stood for election;
pay the applicable federal percentage of the amount to the agent of the designated federal party and the applicable State percentage of the amount to the agent of the State branch of the designated federal party mentioned in subparagraph (ii); or
(aab) if:
(i) paragraph (aaa) does not apply; and
(ii) the members of the group were endorsed by one registered political party and that party is a designated federal party or a State branch of a designated federal party;
pay the amount to the agent of the designated federal party; or
(ab) if paragraphs (a), (aa), (aaa) and (aab) do not apply and the members of the group were endorsed by one registered political party:
(i) if the party is the Australian Democrats and there is a principal agent appointed under section 288A--pay the amount to the principal agent; or
(ii) in any other case--pay the amount to the agent of the State branch of the party that is organised on the basis of the State or Territory in which the members of the group stood for election; or
(ac) if the members of the group were endorsed by 2 registered political parties, one of those parties is the Liberal Party or a State branch of the Liberal Party, and a notice for the election is in force under subsection (5E) in relation to the State branch of the Liberal Party that is organised on the basis of the State or Territory in which the members of the group stood for election:
(i) divide the payment into such shares as are agreed upon between the agents of the State branches of those parties that are organised on the basis of the State or Territory in which the members of the group stood for election or, in the absence of agreement, into such shares as the Electoral Commission determines; and
(ii) in the case of the share applicable to a State branch of the Liberal Party in accordance with that agreement or determination, as the case may be--pay the applicable federal percentage of the share to the agent of the Liberal Party and the applicable State percentage of the share to the agent of the State branch of the Liberal Party; and
(iii) in the case of the share applicable to the agent of the other party in accordance with that agreement or determination, as the case may be--pay the share to the agent of the other party; or
(ad) if paragraph (ac) does not apply, the members of the group were endorsed by 2 registered political parties, and one of those parties is the Liberal Party or a State branch of the Liberal Party:
(i) divide the payment into such shares as are agreed upon between the agents of the State branches of those parties that are organised on the basis of the State or Territory in which the members of the group stood for election or, in the absence of agreement, into such shares as the Electoral Commission determines; and
(ii) in the case of the share applicable to a State branch of the Liberal Party in accordance with that agreement or determination, as the case may be--pay the share to the agent of the Liberal Party; and
(iii) in the case of the share applicable to the agent of the other party in accordance with that agreement or determination, as the case may be--pay the share to the agent of the other party; or
(ae) if the members of the group were endorsed by 2 registered political parties, only one of those parties is a designated federal party or a State branch of a designated federal party, and a notice for the election is in force under subsection (5H) in relation to the State branch of the designated federal party that is organised on the basis of the State or Territory in which the members of the group stood for election:
(i) divide the payment into such shares as are agreed upon between the agents of the State branches of those parties that are organised on the basis of the State or Territory in which the members of the group stood for election or, in the absence of agreement, into such shares as the Electoral Commission determines; and
(ii) in the case of the share applicable to a State branch of the designated federal party in accordance with that agreement or determination, as the case may be--pay the applicable federal percentage of the share to the agent of the designated federal party and the applicable State percentage of the share to the agent of the State branch of the designated federal party; and
(iii) in the case of the share applicable to the agent of the other party in accordance with that agreement or determination, as the case may be--pay the share to the agent of the other party; or
(af) if paragraph (ae) does not apply, the members of the group were endorsed by 2 registered political parties, and only one of those parties is a designated federal party or a State branch of a designated federal party:
(i) divide the payment into such shares as are agreed upon between the agents of the State branches of those parties that are organised on the basis of the State or Territory in which the members of the group stood for election or, in the absence of agreement, into such shares as the Electoral Commission determines; and
(ii) in the case of the share applicable to a State branch of the designated federal party in accordance with that agreement or determination, as the case may be--pay the share to the agent of the designated federal party; and
(iii) in the case of the share applicable to the agent of the other party in accordance with that agreement or determination, as the case may be--pay the share to the agent of the other party; or
(b) if paragraphs (ac), (ad), (ae) and (af) do not apply and the members of the group were endorsed by 2 registered political parties:
(i) divide the payment into such shares as are agreed upon between the agents of the State branches of those parties that are organized on the basis of the State or Territory in which the members of the group stood for election or, in the absence of agreement, into such shares as the Electoral Commission determines; and
(ii) pay to each of those agents the share applicable to the agent in accordance with that agreement or that determination, as the case may be.
(5) An agreement referred to in subparagraph (4)(ac)(i), (ad)(i), (ae)(i), (af)(i) or (b)(i) does not have effect unless a copy of the agreement signed by the agents referred to in that subparagraph is lodged with the Electoral Commission before the 20th day after the polling day in the election.
(5A) A notice may be lodged with the Electoral Commission for the purposes of this section requesting that payments that would otherwise be made to the agent of a party specified in the notice are to be paid instead to the agent of another party specified in the notice. In this subsection, party means a registered political party or a State branch of a registered political party.
(5B) A notice under subsection (5A):
(a) must be signed by the agent of each of the parties specified in the notice; and
(b) can only be withdrawn by a notice lodged with the Electoral Commission and signed by the agent of each of those parties.
(5C) If a notice is lodged under subsection (5A), payments under this section must be made in accordance with the notice for any election for which the polling day is:
(a) after the day on which the notice was lodged; and
(b) before the day (if any) on which the notice is withdrawn.
(5D) Where the Electoral Commission is required to make a payment under this section in respect of an entitlement:
(a) at least 95% of the entitlement (calculated on the basis of the votes counted as at the 20th day after the polling day in the election) must be paid as soon as possible after that 20th day; and
(b) any balance must be paid as soon as possible after the amount of the full entitlement is known.
(5E) The agent of the Liberal Party may, before the polling day for an election, give the Electoral Commission a written notice determining that, for the purposes of the application of this section to the election:
(a) a specified percentage is the federal percentage applicable to a specified State branch of the Liberal Party; and
(b) a specified percentage is the State percentage applicable to a specified State branch of the Liberal Party.
(5F) For the purposes of subsection (5E), the sum of:
(a) the federal percentage applicable to a particular State branch of the Liberal Party; and
(b) the State percentage applicable to the State branch of the Liberal Party;
must be 100%.
(5G) A notice under subsection (5E) has effect accordingly.
(5H) The registered officer of a designated federal party may, before the polling day for an election, give the Electoral Commission a written notice determining that, for the purposes of the application of this section to the election:
(a) a specified percentage is the federal percentage applicable to a specified State branch of the party; and
(b) a specified percentage is the State percentage applicable to a specified State branch of the party.
(5J) For the purposes of subsection (5H), the sum of:
(a) the federal percentage applicable to a particular State branch of a designated federal party; and
(b) the State percentage applicable to the State branch of the party;
must be 100%.
(5K) A notice under subsection (5H) has effect accordingly.
(6) Where a payment is made under this Division and the recipient is not entitled to receive the whole or a part of the amount paid, that amount or that part of that amount may be recovered by the Commonwealth as a debt due to the Commonwealth by action against the person in a court of competent jurisdiction.
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