Section 16
Section 16
(1)
No expenses shall, with a view to promoting or procuring the election of a candidate, be incurred by any person other than the candidate, his election agent and per-sons authorised in writing by the election agent on account-
(a)
of holding any public meeting or public en-tertainment, or organising any public display;
(b)
of printing or issuing advertisements, circu-lars or publications; or
(c)
of otherwise presenting to the electors the candidate or his views or the extent or nature of his backing, or disparaging another candidate:
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Election Offences
Provided that this paragraph shall not
(i)
restrict publication in a newspaper or other periodical of any matter relating to the elec-tion;
(ii)
apply to expenses incurred by any person in travelling or in living away from home, or to similar personal expenses.
(2)
Where a person incurs any expenses required to be authorised by an election agent under subsection (1) of this section, he shall within 14 days after the date of publica-tion of the result of the election in the Gazette send to the election agent a return, accompanied by a declaration made by him (or in the case of an association or body of persons a director, general manager, secretary or other similar officer thereof) verifying the return and giving particulars of the matters for which the expenses were incurred:
Provided that this subsection shall not apply to any person engaged or employed for payment or promise of payment by the candidate or his election agent.
(3)
The expenses shown in the return referred to in subsection (2) of this section shall be included in the return made by the election agent in accordance with subsection
(1)
of section 25, and the authority received from the elec-tion agent shall be annexed to and deemed to form part of such return.
( 4) Any person who incurs any expenses in con-travention of this section, or who makes any declaration required by subsection (2) of this section which is false and which he either knows or believes to be false or does not believe to be true, shall be guilty of an illegal practice.
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Period for sending in claims and making pay-ments for election ex-penses
Election Offences 17.
(1)
Every payment made by an election agent in re-spect of any expenses incurred on account of or in respect of the conduct and management of an election shall, except where less than $10 or 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.
(2)
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 such 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.
(3)
Except as by this Act permitted, 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.
( 4) All expenses incurred by or on behalf of a candi-date at an electiorl', which are incurred on account of or in respect of the conduct or management of such election, shall be paid within the time limited by this Act; 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 gutlty of an illegal practice.
(5)
Except as by this Act permitted, the time limited by this Act for the payment of such expenses as aforesaid shall be 28 days after the date of publication of the result of the election in the Gazette.
( 6) 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
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Election Offences made without the sanction or connivance of such candidate the election of such candidate shall not be void~ nor shall he be subject to any incapacity under this Act by reason only of such payment having been made in contravention of this section.
(7)
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 said period of 28 days, such claim shall be deemed to be a disputed claim.
(8)
The claimant may, if he thinks fit, bring an action for a disputed claim in any competent court; and any sum paid by the candidate or his agent in pursuance of the judg-ment or order of such 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.
(9)
On cause shown to the satisfaction of a Judge of the High Court, such Judge on application by the claimant or by the candidate or his election agent may by order give leave for the payment by a candidate or his election agent of a disputed claim, or of a claim for any such expenses as aforesaid, although sent in after the time in this section mentioned for sending in claims, or although the same was sent in to the candidate and not to the election agent.
(10)
Any sum specified in the order of leave may be paid by the candidate or his election agent; and when paid in pursuance of such leave shall be deemed to be paid within the time limited by this Act.