Commonwealth Consolidated Acts

COMMONWEALTH ELECTORAL ACT 1918 - SECT 287AB

Dominant purpose of creating or communicating electoral matter

  (1)   Electoral expenditure means expenditure incurred for the dominant purpose of creating or communicating electoral matter, except to the extent that:

  (a)   the expenditure 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; or

  (b)   the expenditure is incurred by a person or entity (the service provider ):

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

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

Note 1:   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.

Note 2:   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.

Note 3:   For deemed electoral expenditure for significant third parties, see section   287J.

  (2)   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.

Expenditure in relation to an election

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