Document ID: chunk:federal_register_of_legislation:C2025A00016:clause:7_302aj:p1
Version: federal_register_of_legislation:C2025A00016
Segment Type: clause
Provision Reference: sch 7 cl 302AJ (pt 1/2)
Character Range: 325689–328447

302AJ  Recovery of amounts where failure to provide information about administrative expenditure

Registered political parties
 (1) If:
 (a) a registered political party is paid administrative assistance funding under this Division for one or more quarters in a calendar year; and
 (b) in relation to a return given under section 310 in relation to that party and that calendar year, the Electoral Commission reasonably believes that information of a kind covered by paragraph 310(3)(g) that is included in that return is not correct;
the Electoral Commission may, by notice in writing given to the auditor who completed the certificate that accompanied the return, request the auditor to provide specified information to the Electoral Commission before the end of the period of 14 days beginning on the day the notice is given.
 (2) If the auditor does not comply with the request under subsection (1), the Electoral Commission may, by notice in writing given to the agent of the registered political party, request the agent to provide specified information to the Electoral Commission before the end of the period of 14 days beginning on the day the notice is given.
 (3) If the agent of the registered political party does not comply with the request under subsection (2), the Electoral Commission may set off an amount equal to the total amount of administrative assistance funding paid to that party during the calendar year covered by paragraph (1)(a) against one or more payments the Electoral Commission must make under this Division to that party.
 (4) If the Electoral Commission is not able to do so, the amount the Electoral Commission is not able to set off is a debt due to the Commonwealth and may be recovered by the Commonwealth by action in a court of competent jurisdiction.

Individuals
 (5) If:
 (a) an individual is paid administrative assistance funding under this Division for one or more quarters in a calendar year; and
 (b) in relation to a return given under section 310B in relation to that individual and that calendar year, the Electoral Commission reasonably believes that information of a kind covered by paragraph 310B(3)(c) that is included in that return is not correct;
the Electoral Commission may, by notice in writing given to the auditor who completed the certificate that accompanied the return, request the auditor to provide specified information to the Electoral Commission before the end of the period of 14 days beginning on the day the notice is given.
 (6) If the auditor does not comply with the request under subsection (5), the Electoral Commission may, by notice in writing given to the individual, request the individual to provide specified information to the Electoral Commission before the end of the