Electoral (Finance Reform and Advance Voting) Amendment Act 2010

12 New heading and sections 206 to 206CC substituted
  • Sections 206 to 206C and the heading above section 206 are repealed and the following heading and sections substituted:

    Subpart 2Election expenses of parties

    206 Interpretation
    • (1) In this subpart,—

      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 party,—

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

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

        • (ii) is promoted by—

          • (A) the party secretary; or

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

      • (b) includes—

        • (i) any election expense of an election advertisement that is apportioned to a party under section 206CB or 206CC; 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 party advertisement; and

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

      • (c) excludes—

        • (i) the costs representing the time allocated to a party under section 73 or 76A of the Broadcasting Act 1989; and

        • (ii) the costs of broadcasting election programmes (as defined in section 69 of the Broadcasting Act 1989) that are paid by the Electoral Commission out of money allocated to the party under section 74A or 76A of the Broadcasting Act 1989

      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.

    206A Persons who may incur election expenses in relation to party advertisement
    • An election expense in relation to a party advertisement may only be incurred by—

      • (a) the party secretary; or

      • (b) a candidate in relation to an election advertisement described in section 206CC; or

      • (c) a promoter authorised by the party secretary under section 204H.

    206B Offence to incur unauthorised election expense
    • Every person is guilty of—

      • (a) a corrupt practice who wilfully contravenes section 206A; and

      • (b) an illegal practice who contravenes section 206A in any other case.

      Compare: 2007 No 111 s 97

    206C Maximum amount of party's total election expenses
    • (1) If a party is listed in the part of the ballot paper that relates to the party vote, the total election expenses of that party in respect of any regulated period must not exceed—

      • (a) $1,032,000 (or such other amount as is prescribed by the Governor-General by Order in Council under section 266A); and

      • (b) $25,000 (or such other amount as is prescribed by the Governor-General by Order in Council under section 266A) for each electoral district contested by a candidate for the party.

      (2) If a party is not listed in the part of the ballot paper that relates to the party vote, the total election expenses of that party in respect of any regulated period must not exceed $25,000 for each electoral district contested by a candidate for the party.

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

      Compare: 1993 No 87 s 206B (pre-1 January 2011)

    206CA Apportionment of advertising expenses for publication of party advertisement both before and during regulated period
    • (1) This section applies if a party 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 party advertisement is deemed to have been published during the regulated period; but

      • (b) the advertising expenses for the publication of the party 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 206C (pre-1 January 2011)

    206CB Apportionment of election expenses of election advertisement between parties
    • (1) This section applies if an election advertisement comprises 2 or more party advertisements.

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

      (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 party 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 party in accordance with this section are election expenses of that party.

    206CC Apportionment of election expenses of election advertisement between party and candidate
    • (1) This section applies if an election advertisement comprises both—

      • (a) a party advertisement; and

      • (b) a candidate advertisement.

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

      (3) For the purpose 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 party in accordance with this section are election expenses of the party.