Electoral Act 1993

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Political parties' election expenses

  • Sections 214B and 214C and the heading Political parties election expenses were inserted, as from 6 December 1995, by section 79 Electoral Amendment Act (No 2) 1995 (1995 No 61).

214B Maximum amount of parties' election expenses
  • (1) Subject to this section, in this Act,—

    Election activity, in relation to a party that is registered under Part 4 of this Act, means an activity—

    • (a) Which is carried out by the party or with the party's authority; and

    • (b) Which comprises—

      • (i) Advertising of any kind; or

      • (ii) Radio or television broadcasting; or

      • (iii) Publishing, issuing, distributing, or displaying addresses, notices, posters, pamphlets, handbills, billboards, and cards; and

    • (c) Which—

      • (i) Encourages or persuades or appears to encourage or persuade voters to vote for the party; or

      • (ii) Encourages or persuades or appears to encourage or persuade voters not to vote for any other party registered under Part 4 of this Act; or

      • (iii) Both; and

    • (d) Which takes place within the 3 months immediately preceding polling day:

    Election activity: paragraph (c)(ii) of this definition was substituted, as from 28 February 2002, by section 90(1) Electoral Amendment Act 2002 (2002 No 1).

    Election expenses, in relation to a party that is registered under Part 4 of this Act,—

    • (a) Means expenses that are incurred by or on behalf of the party in respect of any election activity; and

    • (b) Includes expenses that are incurred by or on behalf of the party, before or after the 3 months immediately preceding polling day, in respect of any election activity; and

    • (c) Includes the reasonable market value of any materials applied in respect of any election activity which are given to the party or which are provided to the party free of charge or below reasonable market value; and

    • (d) Includes the cost of any printing or postage in respect of any election activity, whether or not the expenses in respect of the printing or postage are incurred by or on behalf of the party; but

    • (e) does not include the cost of any of the following:

      • (i) travel:

      • (ii) the conduct of any survey or public opinion poll:

      • (iii) the labour of any person which is provided to the party free of charge by that person:

      • (iv) the replacement of any materials that, during their application in respect of an election activity, have been destroyed or rendered unusable by 1 or more persons (other than a person acting on behalf of the party) or by the occurrence of an event beyond the control of any person acting on behalf of the party; an.

    • (f) Does not include expenditure relating exclusively to the election expenses of any of that party's individual constituency candidates under section 213 of this Act; and

    • (g) Does not include allocations of time and money made to political parties by the body responsible for such allocations under the Broadcasting Act 1989.

    Election expenses: paragraph (e) of this definition was substituted, as from 28 February 2002, by section 90(2) Electoral Amendment Act 2002 (2002 No 1).

    (2) In the case of a general election, the total election expenses of a party that is registered under Part 4 of this Act shall not,—

    • (a) If the party is listed in the part of the ballot paper that relates to the party vote, exceed $1,000,000 plus $20,000 for each constituency contested by a candidate for that party (which sum shall be inclusive of goods and services tax); and

    • (b) If the party is not listed in the part of the ballot paper that relates to the party vote, exceed $20,000 for each constituency contested by a candidate for that party (which sum shall be inclusive of goods and services tax).

    (3) Every person who directly or indirectly pays or knowingly aids or abets any person in paying for or on account of any election expenses any sum in excess of the maximum amount prescribed by this section is,—

    • (a) If the act is done with knowledge that the payment is in excess of the maximum amount prescribed by this section, guilty of a corrupt practice; and

    • (b) In any other case, guilty of an illegal practice unless the person proves that he or she took all reasonable steps to ensure that the election expenses did not exceed the maximum amount prescribed by this section.

    (4) Where any activity of the kind described in paragraphs (a) to (c) of the definition of the term election activity (as set out in subsection (1) of this section) is, in relation to a party that is registered under Part 4 of this Act, carried on both before and within the 3 months immediately preceding polling day, the expenses incurred in respect of the activity (being expenses incurred by or on behalf of the party) shall be properly apportioned so that a fair proportion of those expenses is attributed to the carrying on of the activity in those 3 months, and the fair proportion of those expenses, but no other portion of those expenses, shall be election expenses.

    (5) Nothing in this section shall be construed as validating any use of public money that would otherwise be unlawful.

    Sections 214B and 214C and the preceding heading were inserted, as from 6 December 1995, by section 79 Electoral Amendment Act (No 2) 1995 (1995 No 41).

    Subsections (4) and (5) were inserted, as from 1 July 1996, by section 6 Electoral Amendment Act (No 2) 1996 (1996 No 54).