NSWIn ForceAct
Electoral Funding Act 2018
31Applicable caps on electoral expenditure for local government election campaigns
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#### 31 Applicable caps on electoral expenditure for local government election campaigns
31 Applicable caps on electoral expenditure for local government election campaigns
> > (1) General The applicable caps on electoral expenditure for a local government election campaign are as provided by this section, as modified by section 32 (Aggregation of applicable caps—local government election campaigns).
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> > Note.
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> > This Act does not apply to an election of mayor by councillors—see the definition of local government election in section 4.
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> > (2) Parties with candidates For a local government general election or by-election for a local government area or ward, the applicable cap for a party that endorses a candidate for the election (including a candidate for mayor) or a group of candidates for election as councillor (including a group that includes a candidate for mayor) for electoral expenditure for the candidate or group is the amount of the applicable cap for the candidate or group.
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> > (3) Candidates and groups (other than groups including mayoral candidates) For a local government general election or by-election for a local government area or ward, the applicable cap for a candidate (other than a candidate for mayor) or a group of candidates for election as councillor (other than a group that includes a candidate for mayor), whether or not endorsed by any party, is—
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> > > (a) $6,000—where the number of enrolled electors for the local government area or ward concerned for the election is 5,000 or fewer, and
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> > > (b) $10,000—where the number of enrolled electors for the local government area or ward concerned for the election is more than 5,000 but fewer than 10,001, and
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> > > (c) $18,000—where the number of enrolled electors for the local government area or ward concerned for the election is more than 10,000 but fewer than 20,001, and
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> > > (d) $25,000—where the number of enrolled electors for the local government area or ward concerned for the election is more than 20,000 but fewer than 30,001, and
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> > > (e) $36,000—where the number of enrolled electors for the local government area or ward concerned for the election is more than 30,000 but fewer than 50,001, and
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> > > (f) $46,000—where the number of enrolled electors for the local government area or ward concerned for the election is more than 50,000 but fewer than 75,001, and
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> > > (g) $63,500—where the number of enrolled electors for the local government area or ward concerned for the election is more than 75,000 but fewer than 125,001, and
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> > > (h) $72,000—where the number of enrolled electors for the local government area or ward concerned for the election is more than 125,000.
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> > (4) Mayoral candidates (and groups including mayoral candidates) For a local government general election or by-election, the applicable cap for a candidate for mayor or a group of candidates that includes a candidate for mayor is—
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> > > (a) where the local government area concerned is divided into wards—the sum of the following—
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> > > > (i) 100% of the applicable cap for a candidate for election as councillor in a ward of the local government area,
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> > > > (ii) 25% of the applicable cap for a candidate for election as councillor in each of the other wards of the local government area, and
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> > > Note.
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> > > See section 31A(5) regarding the determination of the number of enrolled electors for a ward and, in particular, section 31A(5)(b) which provides that the number of enrolled electors for a ward in a local government area is the highest number of enrolled electors in any ward in that area.
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> > > (b) where the local government area concerned is not divided into wards—125% of the applicable cap for a candidate for election as a councillor of the local government area (other than a candidate for mayor).
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> > (5) Third-party campaigners For a local government general election or by-election for a local government area or ward, the applicable cap for a third-party campaigner is the amount that is one-third of the applicable cap for a candidate for election as councillor (other than mayor) for the local government area or ward election concerned, but if the amount is not a whole number multiple of $10, the amount is to be rounded up to the nearest whole number multiple of $10.
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> > (6) Candidate running for mayor and councillor at same time For the avoidance of doubt, if a person is a candidate for mayor and a candidate for councillor (other than mayor) at the same general election (or a simultaneous by-election for mayor and by-election for councillor (other than mayor)), the applicable cap for the person is the relevant applicable cap for a candidate for mayor.
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> > (7) Indexation of capped amounts Each of the amounts referred to in this section is an adjustable amount that is to be adjusted for inflation as provided by Schedule 1.
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> **s 31:** Subst 2019 No 18, Sch 1\[2\].