Clause 47

Every payment of $10 or more made by an election agent in respect of any expenses incurred on account of or in respect of the conduct and management of an election shall, except 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.

Every claim against a candidate at an election or his 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, shall be barred and shall not be paid; and subject to such exception as may be allowed in pursuance of this Act, an election agent who pays a claim in contravention of this section shall be guilty of an illegal practice.

Except as otherwise provided by this Act, the time limited by this Act for sending in claims shall be 14 days after the date of publication of the result of the election in the Gazette under section 34.

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, shall be paid within the time limited by this Act and not otherwise; and, subject to such exception as may be allowed in pursuance of this Act, an election agent who makes a payment in contravention of this provision shall be guilty of an illegal practice.

Except as otherwise provided by this Act, the time limited by this Act for the payment of the expenses referred to in subsection (4) shall be 28 days after the date of publication of the result of the election in the Gazette under section 34.

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 shall not be void, nor shall the candidate be subject to any incapacity under this Act by reason only of the payment having been made in contravention of this section.

If the election agent in the case of any claim sent in to him within the time limited by this Act disputes it, or refuses or fails to pay it within the period of 28 days, the claim shall be deemed to be a disputed claim.

The claimant may, if he thinks fit, bring an action for a disputed claim in any competent court; and any sum paid by a candidate or his election agent in pursuance of the judgment or order of that court shall be 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.

On cause shown to the satisfaction of a Judge of the Supreme Court, the Judge, on application by the claimant or by the candidate or his election agent, may by order give leave for the payment by the candidate or his election agent of a disputed claim, or of a claim for those expenses, although the claim was sent in after the time in this section mentioned for sending in claims or was sent in to the candidates and not to the election agent.

Any sum specified in any order of leave under subsection (9) may be paid by the candidate or his election agent; and when paid in pursuance of that leave shall be deemed to be paid within the time limited by this Act.