South Australian Current Acts South Australian Current Acts130Q—Payment not to be made or to be reduced in certain circumstances
(1) A payment under
this Division will not be made in respect of votes given in an election for a
candidate unless—
(a) the
total number of eligible votes cast in favour of the candidate is—
(i)
in the case of a candidate in a Legislative Council
election—at least 2% of the total primary vote; or
(ii)
in the case of a candidate in a House of Assembly
election—at least 4% of the total primary vote; or
(b) the
candidate is elected.
(2) A payment under
this Division will not be made in respect of votes given in an election for a
group unless—
(a) the
total number of eligible votes cast in favour of the group is at least 2% of
the total primary vote; or
(b) a
member of the group is elected.
(3) A payment under
this Division will not be made in respect of votes given in an election for a
candidate or group unless the agent of the candidate or group has lodged a
certificate under section 130Y to receive funding in respect of the
election.
(4) If the agent of a
person to whom Division 6 applies fails to ensure that the person does
not incur political expenditure in excess of the person's
applicable expenditure cap during the capped expenditure period in relation to
an election—
(a) the
amount payable under this Division to that agent is reduced by an amount equal
to 20 times the excess amount; or
(b) if
the excess amount is greater than the amount payable under this
Division—a payment under this Division will not be made to the relevant
agent.
(5) If, in relation to
a payment to be made under this Division to an agent,
the Electoral Commissioner is not satisfied, based on an expenditure return
under section 130ZQ furnished by the relevant agent, that—
(a) in
the case of a payment to be made to the agent of a registered
political party—the combined political expenditure of the party and
candidates endorsed by the party; or
(b) in
the case of a payment to be made to the agent of a candidate not endorsed by a
registered political party or a group whose members are not endorsed by a
registered political party—the political expenditure of the candidate or
group (as the case requires),
exceeds the amount that would, apart from this subsection, be payable under
this Division to the relevant agent—
(c) in a
case where there is no satisfactory evidence of political expenditure—a
payment under this Division will not be made to the relevant agent; or
(d) in a
case where there is satisfactory evidence of political expenditure but the
total of that expenditure is less than the amount that would otherwise be
payable under this Division to the relevant agent—the amount payable
under this Division is reduced to an amount equal to the amount of that
expenditure.
(6) In this
section—
"excess amount" means the amount by which—
(a) the
political expenditure of the person; and
(b) any
political expenditure of a third party incurred under an agreement or
arrangement with the person in contravention of section 130ZC,
exceed the applicable expenditure cap.