6Meaning of electoral expenditure

6 Meaning of electoral expenditure

(1)  In this Act, electoral expenditure means, subject to this section, expenditure incurred for the dominant purpose of creating or communicating electoral matter in relation to an election.

(2)  Electoral expenditure includes expenditure that is to be paid or reimbursed by the State by way of payment under Part 11 from the Election Campaigns Fund.

(3)  Electoral expenditure does not include expenditure to the extent that the expenditure is, or is to be, otherwise paid or reimbursed by the State (including by way of payment under Part 12 from the Administration Fund) to or in relation to a person who is or was an Assembly Member or a Minister, because that person is or was an Assembly Member or Minister.

(4)  Electoral expenditure does not include expenditure to the extent that the expenditure is incurred by a person –

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

(b) in providing a service for another person who engaged the person, on a commercial basis, to create or communicate electoral matter.

(5)  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, in relation to an election.

(6)  In addition, but subject to subsection (3) , any expenditure (including expenditure that is to be paid or reimbursed by the State by way of payment under Part 11 from the Election Campaigns Fund) that is incurred, in relation to an Assembly election, by or with the authority of –

(a) a registered party, Assembly Member or Assembly candidate; or

(b) an associated entity; or

(c) a third-party campaigner in relation to the election –

is electoral expenditure.

(7)  The Commission may determine whether any expenditure is or is not electoral expenditure in accordance with this Act, the regulations and the guidelines.