South Australian Current Acts South Australian Current Acts (1) Subject to this
Division, an amount payable under this Division will be paid by
the Electoral Commissioner within a period, and in a manner, prescribed by the
regulations.
(2) If an amount is
payable under this Division in respect of votes given in an election or
elections for a candidate, the Electoral Commissioner must (subject to
section 130S) pay the amount to the agent of the candidate.
(3) If an amount is
payable under this Division in respect of votes given in a Legislative Council
election for a group, the Electoral Commissioner must (subject to
section 130S) pay the amount to the agent of the group.
(4) A notice may be
lodged with the Electoral Commissioner for the purposes of this section
requesting that, in the case of payments in respect of a group whose members
were endorsed by 2 or more registered political parties, the payments be
divided into such shares as agreed by the relevant agents and the shares paid
to those agents in accordance with the agreement (or, in the absence of an
agreement, in such shares as the Electoral Commissioner determines).
(5) A notice under
subsection (4)—
(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only be withdrawn by a notice lodged with the Electoral Commissioner and
signed by the agent of each of those parties.
(6) If a notice is
lodged under subsection (4), 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before the day (if any) on which the notice is withdrawn.
(7) If a payment is
made under this section 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 Crown as a debt due to the Crown by action against the person
in a court of competent jurisdiction.