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Period for sending in claims and making payments for election expenses

Parliamentary Elections Act 1954

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—(1) Every payment made by an election agent in respect of any expenses incurred on account of or in respect of the conduct or management of an election must, except where less than $10 or where, from the nature of the case, such as travel by rail or postage, a receipt is not obtainable, be vouched for by a bill stating the particulars and by a receipt.(2) Every claim against a candidate at an election or the candidate’s election agent in respect of any expenses incurred on account of or in respect of the conduct or management of the election, which is not sent in to the election agent within the time limited by this Act, is barred and must not be paid.(2A) Subject to such exception as may be allowed pursuant to this Act, an election agent who pays a claim in contravention of subsection (2) shall be guilty of an illegal practice.(3) Except as by this Act permitted, the time limited by this Act for sending in claims is 14 days after the date of publication of the result of the election in the Gazette.(4) All expenses incurred by or on behalf of a candidate at an election, which are incurred on account of or in respect of the conduct or management of the election, must be paid within the time limited by this Act and not otherwise.(4A) Subject to such exception as may be allowed pursuant to this Act, an election agent who makes a payment in contravention of subsection (4) shall be guilty of an illegal practice.(5) Except as by this Act permitted, the time limited by this Act for the payment of those expenses is 28 days after the date of publication of the result of the election in the Gazette.(6) Where it has been proved to the satisfaction of the Election Judge by a candidate that any payment made by an election agent in contravention of this section was made without the sanction or connivance of the candidate, the election of the candidate is not void, nor is the candidate subject to any incapacity under this Act by reason only of the payment having been made in contravention of this section.(7) If the election agent in the case of any claim sent in to him or her within the time limited by this Act disputes it, or refuses or fails to pay it within the period of 28 days, the claim is deemed to be a disputed claim.(8) The claimant may bring an action for a disputed claim in any competent court; and any sum paid by the candidate or his or her agent pursuant to the judgment or order of that court is deemed to be paid within the time limited by this Act, and to be an exception from the provisions of this Act, requiring claims to be paid by the election agent.(9) On cause shown to the satisfaction of a Judge sitting in the General Division of the High Court, the Judge, on application by the claimant or by the candidate or his or her election agent, may by order give leave for the payment by a candidate or his or her election agent of a disputed claim, or of a claim for those expenses, although sent in after the time in this section mentioned for sending in claims, or although the claim was sent in to the candidate and not to the election agent.(10) Any sum specified in the order of leave may be paid by the candidate or his or her election agent; and when paid pursuant to that leave is deemed to be paid within the time limited by this Act.

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