Section 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 must, 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 any of the candidate’s election agents 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, is barred and must not be paid.

Subject to such exception as may be allowed pursuant to this Act, an election agent who pays a claim in contravention of subsection (2) shall be guilty of an illegal practice.

Except as otherwise provided by this Act, the time limited by this Act for sending in claims is 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, must be paid within the time limited by this Act and not otherwise.

Subject to such exception as may be allowed pursuant to this Act, an election agent who makes a payment in contravention of subsection (4) 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) is 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 is not void, nor is the candidate subject to any incapacity under this Act by reason only of the payment having been made in contravention of this section.

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

The claimant may bring an action for a disputed claim in any competent court; and any sum paid by a candidate or any of his or her election agents pursuant to the judgment or order of that court is 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 any election agent.

On cause shown to the satisfaction of an Election Judge, the Judge, on application by the claimant or by the candidate or any of his or her election agents, may by order give permission for the payment by the candidate or any of his or her election agents 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 candidate and not to any election agent.

Any sum specified in any order of permission under subsection (9) may be paid by the candidate or any of his or her election agents; and when paid pursuant to that permission is deemed to be paid within the time limited by this Act.