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Electoral Act 1993

3E: Meaning of advertising expenses

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"What 'advertising expenses' means in the Electoral Act 1993: costs of making and showing election ads"

Illustration for Electoral Act 1993

When you hear the term 'advertising expenses' in the Electoral Act 1993, it refers to the costs of making and showing election advertisements. This includes the cost of preparing, designing, printing, and publishing the advertisement, as well as the value of any materials used to make it. You also need to consider the value of materials that were given for free or at a low cost.

The term 'advertising expenses' does not include the cost of doing surveys or polls, or the cost of frameworks that hold up big advertisements, except if the framework is a commercial one. It also does not include the labour of people who work for free, or the cost of replacing materials if the advertisement was destroyed by someone else or by an accident. To avoid doubt, 'advertising expenses' does not include the cost of using a vehicle to show an election advertisement if you are not paying to use the vehicle.

In this context, a 'vehicle' is what is defined in section 2(1) of the Land Transport Act 1998.

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Topics:
Government and voting > Elections
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3EMeaning of advertising expenses

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

  2. includes—
    1. the cost incurred in the preparation, design, composition, printing, postage, and publication of the advertisement; and
      1. 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
      2. excludes the cost of—
        1. the conduct of any survey or public opinion poll; and
          1. any framework (other than a commercial framework) that supports a hoarding on which the advertisement is displayed; and
            1. the labour of any person that is provided free of charge by that person; and
              1. the replacement of any material used in respect of the advertisement if that advertisement has been destroyed or rendered unusable by—
                1. 1 or more persons, other than the person promoting the advertisement (person A):
                  1. 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.

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