Local Electoral Act 2001

Electoral donations and expenses - Electoral expenses

104: Interpretation

You could also call this:

"What words mean in the law about election donations and expenses"

Illustration for Local Electoral Act 2001

When you read about electoral donations and expenses, you need to know what some words mean. The applicable period before the close of polling day is the three months before the election. You will hear about electoral activity, which is when a candidate does something to get elected. You do electoral activity when you do things like advertising or putting up posters to help a candidate. This can include things like websites or emails to the public. Electoral activity must be about the candidate's election campaign and happen during the applicable period. Electoral expenses are the costs of doing electoral activities. These expenses can include things like printing or postage for advertisements. However, they do not include things like the cost of a vehicle used for personal transport or the labour of someone who volunteers for free. The population of a local government area is the number of people living there, as stated by the Government Statistician. This number is used to work out the population three months before the election.

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Part 5Electoral donations and expenses
Electoral expenses

104Interpretation

  1. In this subpart and subpart 3,—

    applicable period before the close of polling day means the period beginning 3 months before the close of polling day and ending with the close of polling day

      electoral activity, in relation to a candidate at an election, means an activity—

      1. that is carried out by the candidate or with the candidate's authority; and
        1. that relates to the candidate solely in the candidate's capacity as a candidate and not to the candidate—
          1. in his or her capacity as a member of the local authority or local board or community board, or as the holder of any other office; or
            1. in any other capacity; and
            2. that comprises—
              1. advertising of any kind; or
                1. radio or television broadcasting; or
                  1. publishing, issuing, distributing, or displaying addresses, notices, posters, pamphlets, handbills, billboards, and cards; or
                    1. any electronic communication to the public, including (without limitation) the establishment or operation of a website or other method of communication to the public using the Internet; and
                    2. that relates exclusively to the campaign for the election of the candidate; and
                      1. that takes place within the applicable period before the close of polling day

                        electoral expenses, in relation to a candidate at an election,—

                        1. means expenses that are incurred by or on behalf of the candidate in respect of any electoral activity; and
                          1. includes expenses that are incurred by or on behalf of the candidate, before or after the applicable period before the close of polling day, in respect of any electoral activity; and
                            1. includes the reasonable market value of any materials applied in respect of any electoral activity that are given to the candidate or that are provided to the candidate free of charge or below reasonable market value; and
                              1. includes the cost of any printing or postage in respect of any electoral activity, whether or not the expenses in respect of the printing or postage are incurred by or on behalf of the candidate; but
                                1. does not include the expenses of operating a vehicle on which election advertising appears if that vehicle is used in good faith by the candidate as the candidate's personal means of transport; and
                                  1. does not include expenses incurred by the candidate in preparing a candidate profile statement; and
                                    1. does not include the labour of any person that is provided to the candidate free of charge by that person; and
                                      1. does not include the cost of any framework (other than a commercial framework) that supports a hoarding on which an advertisement is displayed

                                        population means the population, as at the day that is 3 months before the close of polling day, of a local government area as specified in a certificate issued in respect of that area by the Government Statistician.

                                        Compare
                                        Notes
                                        • Section 104: amended, on , by section 31(1) of the Local Electoral Amendment Act 2013 (2013 No 40).
                                        • Section 104 electoral activity paragraph (b)(i): amended, on , by section 76 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).
                                        • Section 104 electoral donation: repealed, on , by section 31(2) of the Local Electoral Amendment Act 2013 (2013 No 40).
                                        • Section 104 electoral expenses paragraph (g): amended, on , by section 31(3) of the Local Electoral Amendment Act 2013 (2013 No 40).
                                        • Section 104 electoral expenses paragraph (h): inserted, on , by section 31(4) of the Local Electoral Amendment Act 2013 (2013 No 40).
                                        • Section 104 population: amended, on , by section 34 of the Local Electoral Amendment Act 2002 (2002 No 85).