32Aggregation of applicable caps—local government election campaigns

#### 32 Aggregation of applicable caps—local government election campaigns 32 Aggregation of applicable caps—local government election campaigns > > (1) Aggregation of expenditure of parties, elected members and associated entities Electoral expenditure incurred by a party or an elected member for a candidate or group of candidates that is of or less than the amount specified in section 31 for the party is to be treated as expenditure that exceeds the applicable cap if that expenditure and any other electoral expenditure incurred by an associated entity of the party or elected member for the candidate or group exceed the applicable cap so specified for the party. > > > (2) Aggregation of expenditure of groups and candidates within the group Electoral expenditure incurred by a group of candidates for a local government election campaign that is of or less than the amount specified in section 31 for the group is to be treated as expenditure that exceeds the applicable cap if that expenditure and any other electoral expenditure incurred by a candidate who is a member of the group (including a member of the group who is a candidate for mayor) exceed the applicable cap so specified for the group. > > > (2A) For the avoidance of doubt, for the purposes of subsection (2), electoral expenditure incurred by a candidate includes electoral expenditure incurred for the candidate by a party that endorsed the candidate as referred to in subsection (4). > > > (3) Aggregation of expenditure of parties and councillors not contesting election Electoral expenditure incurred by a party for a local government election campaign for a candidate or group of candidates that is of or less than the amount specified in section 31 for the party is to be treated as expenditure that exceeds the applicable cap if the total of the following expenditure exceeds the applicable cap specified for the party— > > > > > (a) the electoral expenditure incurred by the party for the local government election campaign for the candidate or group, > > > > > (b) any other electoral expenditure incurred by an elected member for the candidate or group, being a councillor (including a mayor) of the council of the local government area, who is— > > > > > > > (i) a member of the party, and > > > > > > > (ii) not a candidate at the local government election. > > > > Note. > > > > A retiring councillor or mayor is not a candidate at a local government general election. > > > (4) Aggregation of expenditure of candidates, groups, parties and associated entities Electoral expenditure incurred by a candidate or a group of candidates that is of or less than the amount specified in section 31 for the candidate or group is to be treated as expenditure that exceeds the applicable cap if that expenditure and electoral expenditure for the candidate or group by a party that endorsed the candidate or group exceed the applicable cap specified for the candidate or group. > > > (5) Electoral expenditure incurred by a party for a candidate or group of candidates endorsed by the party that is of or less than the amount specified in section 31 for the party is to be treated as expenditure that exceeds the applicable cap if that expenditure and electoral expenditure that is incurred by the candidate or group exceed the applicable cap specified for the party. > > > (6) For the purposes of subsections (4) and (5), electoral expenditure incurred by a party for an election for a candidate or group of candidates includes electoral expenditure incurred by the following persons or bodies for the election for the candidate or group— > > > > > (a) an associated entity of the party, > > > > > (b) an associated entity of an elected member who is a member of the party. > > > (7) The regulations may make provision for or with respect to the apportionment of electoral expenditure incurred by a party for candidates or groups of candidates endorsed by the party among those candidates or groups for the purposes of this section. > > **s 32:** Am 2019 No 18, Sch 1\[3\]–\[10\]; 2024 No 11, Sch 1.2\[1\].