Electoral Act, 1997

Excess expenditure.

40.—Without prejudice to the operation of section 43 ,—

(a) where the aggregate of election expenses incurred or deemed to have been incurred by the national agent of a political party exceed the relevant amount calculated in accordance with section 32 or 42 , as the case may be, or an order made under section 33 (1) the Minister for Finance shall, on the recommendation of the Public Offices Commission, deduct an amount equal to such excess from any amount which may be payable or become payable to the party under Part III ;

(b) where the total of the election expenses incurred or deemed to have been incurred by the election agent of a candidate at an election (other than election expenses deemed under section 32 (1) (b) (ii) or 33 (1) (b) (ii) to be election expenses incurred by that candidate) exceeds the relevant amount calculated in accordance with section 32 or 42 , as the case may be, or an order made under section 33 (1) the Minister for Finance shall, on the recommendation of the Public Offices Commission, deduct an amount equal to such excess from any sum which may be payable or become payable as a reimbursement of election expenses to the said member under section 21 or regulations made under subsection (2) of that section.