Electoral Act 1993

Election advertising - General rules governing election advertisements

204D: Offence to avoid limit set out in section 204B(1)(d)

You could also call this:

"Don't try to cheat the election spending limit"

Illustration for Electoral Act 1993

If you are someone who promotes things during an election, you cannot make a deal with someone else to get around the spending limit set out in section 204B(1)(d). You also cannot be part of a group that tells its members to do things to get around this spending limit. Additionally, you cannot create multiple groups to get around the spending limit set out in section 204B(1)(d). If you deliberately break these rules, you will be guilty of an illegal practice.

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"How to split advertising costs if you're not registered and advertise before and during the election period"


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204E: Obligation to retain records necessary to verify promoter's advertising expenses, or

"Keep records of your election ad spending for 3 years so others can check them."

Part 6AAElection advertising
General rules governing election advertisements

204DOffence to avoid limit set out in section 204B(1)(d)

  1. An unregistered promoter may not enter into an agreement, or enter into an arrangement or understanding, with any other person for the purpose of circumventing the maximum amount prescribed in section 204B(1)(d).

  2. A body corporate or unincorporated may not encourage its members to take any action for the purpose of circumventing the maximum amount prescribed in section 204B(1)(d).

  3. No person may incorporate or form 2 or more bodies corporate or unincorporated for the purpose of circumventing the maximum amount prescribed in section 204B(1)(d).

  4. Every person who wilfully contravenes subsection (1), (2), or (3) is guilty of an illegal practice.

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Notes
  • Section 204D: inserted, on , by section 7 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).