Victorian Numbered Acts Victorian Numbered ActsAfter Division 2 of Part 12 of the Electoral Act 2002 insert —
(1) The Commission must make payments of policy development funding to eligible registered political parties to reimburse costs relating to policy development in accordance with this section.
(2) An eligible registered political party is entitled to an annual payment of policy development funding equal to the greater of—
(a) the sum of $1.00 for each first
preference vote given for a candidate who was endorsed by the registered
political party at the previous general election; or
(b) $25 000.
(3) A registered political party is an eligible registered political party if—
(a) the registered political party has been a registered political party for the whole of the calendar year; and
(b) the registered officer of the registered political party did not receive a payment under section 212(3) in respect of any election during the calendar year or the previous general election; and
(c) the registered political party was not entitled to receive a payment of administrative expenditure funding under section 207G during the calendar year; and
(d) the Commission is satisfied that the registered political party operates as a genuine political party; and
(e) the registered officer of the registered political party has complied with subsection (4).
(4) For the purpose of having an entitlement under subsection (2), the registered officer of the registered political party must, within 20 weeks of the end of the calendar year, provide to the Commission a statement, in the form approved by the Commission, specifying that the registered political party has spent or incurred policy development expenditure in relation to the calendar year—
(a) not less than the amount of the entitlement under subsection (2); or
(b) less than the amount of the entitlement under subsection (2), being the amount specified in the statement.
(5) For the purposes of subsection (4), policy development expenditure means expenditure as determined from time to time by the Commission but does not include political expenditure or electoral expenditure.
(6) The registered officer of the registered political party must ensure that any payment received from the Commission under this section is not—
(a) paid into the State campaign account; or
(b) used for electoral expenditure.
(1) A statement under section 215A(4) must be provided to the Commission with the certificate of a registered company auditor within the meaning of the Corporations Act.
(2) A certificate under subsection (1) must state that the auditor—
(a) was given full and free access at all reasonable times to all accounts, records, documents and papers relating directly or indirectly to any matter required to be specified in the statement; and
(b) examined the material referred to in paragraph (a) for the purpose of giving the certificate; and
(c) received all information and explanations that the auditor requested in respect of any matter required to be specified in the statement; and
(d) has no reason to believe that any matter stated in the statement is not correct.
(3) A statement is to be taken not to have been provided to the Commission unless the certificate required by this section is attached to the statement.
(1) If the Commission is satisfied on reasonable grounds that information provided in the statement or the certificate is materially incorrect, the Commission may by notice in writing request the auditor to provide further information as specified in the notice within 14 days of the date of the notice.
(2) If the auditor fails to provide the requested information, the Commission may by notice in writing request the registered officer of the registered political party to provide further information as specified in the notice within 14 days of the date of the notice.
(3) If the registered officer of the registered political party fails to provide the requested information, the Commission may—
(a) withhold any payment under section 215A until the requested information is provided; or
(b) if a payment has already been made under section 215A, take proceedings to recover the payment under section 215D(4).
(1) An amount is only payable if the statement required to be provided to the Commission has been provided to the Commission.
(2) The amount payable is—
(a) if the statement specifies that not less than the entitlement has been spent or incurred, the whole of the entitlement; or
(b) if the statement specifies that an amount that is less than the entitlement has been spent or incurred, an amount equal to the amount specified in the statement.
(3) If an amount is payable under section 215A, the Commission must make the payment to the registered officer of the registered political party within 30 days after the Commission has been provided the statement.
(4) If a payment is made 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 Commission as a debt due to the State by action against the person in a court of competent jurisdiction.".