Electoral Act 1992

Electoral expenditure means expenditure of a kind mentioned in subsection (2) incurred for a campaign purpose.

For subsection (1), the kind of expenditure is—

expenditure for designing, producing, printing, broadcasting or publishing material for an election, including, for example—

an advertisement for broadcast on radio or television, at a cinema, or using the internet, email or SMS; and

material for publication in newspapers or magazines, on billboards, or as brochures, flyers, signs, how-to-vote cards or information sheets; and

material for distribution in letters; or

expenditure for the cost of distributing material for an election, including, for example, the cost of postage, sending SMS messages or couriers; or

expenditure for carrying out an opinion poll or research; or

expenditure for contracted services related to an activity mentioned in paragraph (a), (b) or (c), including, for example, fees for consultants or the provision of data; or

expenditure of another kind prescribed by regulation to be a kind of electoral expenditure.

For subsection (2)(a) and (b), it does not matter whether section 181 applies to the material.

However, electoral expenditure does not include—

expenditure incurred substantially for or related to the election of—

members of the Parliament of another State or the Commonwealth; or

councillors (however described) of a local government of the State or another State; or

expenditure on factual advertising about a matter that relates mainly to the administration of a registered political party, including, for example, a meeting of a branch, division or committee of the party—

for an organisational purpose; or

to select a candidate to nominate for election; or

expenditure incurred employing staff for a campaign purpose; or

expenditure of a kind prescribed by regulation not to be a kind of electoral expenditure.

Expenditure incurred by a third party is electoral expenditure if the dominant purpose for which the expenditure is incurred is a campaign purpose.

However, expenditure incurred by a third party is not electoral expenditure if the dominant purpose for which the expenditure is incurred is another purpose, even if the expenditure is also incurred for, or achieves, a campaign purpose.Example of other purposes for incurring expenditure—to educate or raise awareness about an issue of public policy

Also, electoral expenditure incurred by or for an elected member does not include expenditure of a kind for which the member is entitled to receive an allowance or entitlement.

In this section—allowance or entitlement, for an elected member, means—

an allowance or entitlement the member is entitled to under the Queensland Independent Remuneration Tribunal Act 2013, section 54; or

accommodation, services or other entitlements mentioned in the Queensland Independent Remuneration Tribunal Act 2013 supplied or paid to the member.