Commonwealth Electoral Act 1918

Expenditure is electoral expenditure if it is incurred for the dominant purpose of creating or communicating electoral matter.

For example, expenditure incurred in relation to the communication of electoral matter for which particulars are required to be notified under section 321D is electoral expenditure.

Expenditure by a person who creates matter that is covered by an exception under subsection 4AA(5) is not electoral expenditure. However, as each creation or communication of matter is treated as separate matter under subsection 4AA(2), expenditure incurred by another person who communicates the same matter for the dominant purpose referred to in subsection 4AA(1) may be electoral expenditure.

For deemed electoral expenditure for significant third parties, see section 287J.

For electoral expenditure incurred by a group in a Senate election, see section 302ALB.

Expenditure may be electoral expenditure whether the expenditure is incurred for the dominant purpose of creating or communicating particular electoral matter or electoral matter generally.

Any expenditure incurred by or with the authority of a political entity, a member of the House of Representatives or a Senator, or a person or an entity that is (or is required to be registered as) a significant third party, an associated entity or a nominated entity, is electoral expenditure to the extent that it is in relation to an election.

Election means an election of a member of the House of Representatives or an election of Senators for a State or Territory (see subsection 287(1)).

Any expenditure incurred by or with the authority of a political entity, a member of the House of Representatives or a Senator, a third party, or a person or an entity that is (or is required to be registered as) a significant third party, an associated entity or a nominated entity, is electoral expenditure to the extent that it is in relation to an election and also any of the following:

expenditure on electoral matter in the form of advertisements in radio, television, the internet, cinemas, newspapers, billboards, posters, brochures, how‑to‑vote cards or any other form;

expenditure on the production and distribution of electoral matter;

expenditure on the internet, telecommunications, stationery or postage for the purposes of communicating electoral matter;

expenditure incurred in employing staff engaged in an election campaign;

expenditure incurred for office accommodation for any such staff and candidates;

expenditure on travel and travel accommodation for candidates and staff engaged in an election campaign;

expenditure on research associated with an election campaign (other than in‑house research);

expenditure incurred in raising funds for an election;

expenditure of a kind prescribed by the regulations.

The expenditure caps in Division 3AB apply in relation to all electoral expenditure unless an exemption in Subdivision G of Division 3AB applies.

References to an election mean an election of a member of the House of Representatives or an election of Senators for a State or Territory (see subsection 287(1)).

A candidate’s staff includes any volunteers.

Despite anything else in this section, expenditure is not electoral expenditure to the extent that it is, or is to be, paid or reimbursed by the Commonwealth (except under Division 3 (election funding)) to or in relation to a person who is or was a member of the House of Representatives, a Senator or a Minister, because that person is or was such a member, Senator or Minister.

Despite anything else in this section, expenditure is not electoral expenditure to the extent that it is incurred by a person or entity (the service provider):

in providing a communication service or communication platform that is used to create or communicate electoral matter; or

in providing a service for another person or entity that engaged the service provider, on a commercial basis, to create or communicate electoral matter.

Despite anything else in this section, none of the following is electoral expenditure:

expenditure that is a gift to which Subdivision AA of Division 3A applies;

a disposition of property made by a member of a registered political party’s expenditure group to another member of the expenditure group;

a disposition of property made by a political party to a political party to which it is related within the meaning of subsection 123(2);

expenditure to the extent that it is administrative expenditure;

expenditure to the extent that it would be administrative expenditure if references in subsection 287AAA(1) to a registered political party included references to a political entity, a member of the House of Representatives or a Senator, a third party, or a person or an entity that is (or is required to be registered as) a significant third party, an associated entity or a nominated entity;

expenditure incurred in relation to an election other than an election within the meaning of this Part (see subsection 287(1));

expenditure of a kind prescribed by the regulations.