3E Meaning of advertising expenses

(1)

In this Act, advertising expenses, in relation to an election advertisement—

(a)

includes—

(i)

the cost incurred in the preparation, design, composition, printing, postage, and publication of the advertisement; and

(ii)

the reasonable market value of any material used for or applied towards the advertisement, including any such material that is provided free of charge or below reasonable market value; but

(b)

excludes the cost of—

(i)

the conduct of any survey or public opinion poll; and

(ii)

any framework (other than a commercial framework) that supports a hoarding on which the advertisement is displayed; and

(iii)

the labour of any person that is provided free of charge by that person; and

(iv)

the replacement of any material used in respect of the advertisement if that advertisement has been destroyed or rendered unusable by—

(A)

1 or more persons, other than the person promoting the advertisement (person A):

(B)

the occurrence of an event beyond the control of person A, or any person acting on behalf of person A.

(2)

To avoid doubt, advertising expenses does not include the cost (including running costs) of any vehicle used to display an election advertisement if the use of the vehicle for that purpose is not the subject of a contract, arrangement, or understanding for the payment of money or money’s worth.

(3)

In this section, vehicle has the meaning given to it by section 2(1) of the Land Transport Act 1998.

Section 3E: inserted, on 1 January 2011, by section 5 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).