Electoral (Finance Reform and Advance Voting) Amendment Act 2010

8 New heading and sections 205 to 205EA substituted
  • Sections 205 to 205E and the heading above section 205 are repealed and the following heading and sections substituted:

    Subpart 1Election expenses of candidates

    205 Interpretation and application
    • (1) In this subpart, unless the context otherwise requires,—

      advertising expenses has the meaning given to it by section 3E

      candidate advertisement has the meaning given to it by section 3(1)

      election advertisement has the meaning given to it by section 3A

      election expenses, in relation to a candidate,—

      • (a) means the advertising expenses incurred in relation to a candidate advertisement that—

        • (i) is published, or continues to be published, during the regulated period; and

        • (ii) is promoted by—

          • (A) the candidate; or

          • (B) any person (including a registered promoter) authorised by the candidate; and

      • (b) includes—

        • (i) any election expense of an election advertisement that is apportioned to a candidate under section 205E or 205EA; and

        • (ii) as required by section 40 of the Electoral Referendum Act 2010, any referendum expenses incurred in relation to an advertisement that comprises both—

          • (A) a candidate advertisement; and

          • (B) a referendum advertisement (within the meaning of section 31 of the Electoral Referendum Act 2010)

      party advertisement has the meaning given to it by section 3(1).

      (2) For the purposes of the definition of election expenses, it is immaterial whether an election expense is paid or incurred before, during, or after the regulated period.

      (3) Nothing in sections 205K to 205R applies to a person who has not been nominated as a candidate for a seat in the House of Representatives.

    205A Persons who may incur election expenses in relation to candidate advertisement
    • An election expense in relation to a candidate advertisement may only be incurred by—

      • (a) a candidate; or

      • (b) a party secretary in relation to an election advertisement described in section 205EA; or

      • (c) a promoter authorised by the candidate under section 204G.

    205B Offence to incur unauthorised election expense
    • Every person is guilty of—

      • (a) a corrupt practice who wilfully contravenes section 205A; and

      • (b) an illegal practice who contravenes section 205A in any other case.

      Compare: 2007 No 111 s 75

    205C Maximum amount of candidate's total election expenses
    • (1) The total election expenses of a candidate in respect of any regulated period must not exceed—

      • (a) $25,000 (or such other amount as is prescribed by the Governor-General by Order in Council under section 266A), in the case of a candidate at a general election; and

      • (b) $50,000 (or such other amount as is prescribed by the Governor-General by Order in Council under section 266A), in the case of a candidate at a by-election.

      (2) The amounts in subsection (1) are inclusive of goods and services tax.

      Compare: 1993 No 87 s 205B (pre-1 January 2011)

    205D Apportionment of advertising expenses for publication of candidate advertisement both before and during regulated period
    • (1) This section applies if a candidate advertisement—

      • (a) is published both before the commencement of the regulated period and during the regulated period; or

      • (b) is published before the commencement of the regulated period and continues to be published during the regulated period.

      (2) If this section applies,—

      • (a) the candidate advertisement is deemed to have been published during the regulated period; but

      • (b) the advertising expenses for the publication of the candidate advertisement must be apportioned so that only a fair proportion of the expenses is attributed to being incurred during the regulated period.

      (3) Only the advertising expenses attributed to being incurred during the regulated period in accordance with subsection (2) are election expenses.

      Compare: 1993 No 87 s 205C (pre-1 January 2011)

    205E Apportionment of election expenses of election advertisement between candidates
    • (1) This section applies if an election advertisement comprises 2 or more candidate advertisements.

      (2) If this section applies, the election expenses of the election advertisement must be apportioned among the candidates in proportion to the coverage the advertisement provides to each candidate.

      (3) For the purposes of this section,—

      • (a) election expenses of the election advertisement means the total of the election expenses of all of the candidate advertisements comprised in the election advertisement; and

      • (b) the coverage provided by an election advertisement must be calculated in such a manner as is appropriate in relation to the form of the advertisement.

      (4) Only the expenses apportioned to a candidate in accordance with this section are election expenses of that candidate.

      Compare: 1993 No 87 s 205D (pre-1 January 2011)

    205EA Apportionment of election expenses of election advertisement between candidate and party
    • (1) This section applies if an election advertisement comprises both—

      • (a) a candidate advertisement; and

      • (b) a party advertisement.

      (2) If this section applies, the election expenses of the election advertisement must be apportioned between the candidate and the party in proportion to the coverage the advertisement provides to the candidate and to the party.

      (3) For the purposes of this section,—

      • (a) election expenses of the election advertisement means the advertising expenses incurred in relation to both the candidate advertisement and the party advertisement; and

      • (b) the coverage provided by an election advertisement must be calculated in such a manner as is appropriate in relation to the form of the election advertisement.

      (4) Only the expenses apportioned to the candidate in accordance with this section are election expenses of the candidate.