7Meaning of “electoral expenditure”

#### 7 Meaning of “electoral expenditure” 7 Meaning of “electoral expenditure” (cf section 87 EFED Act) > > (1) For the purposes of this Act, electoral expenditure is expenditure for or in connection with promoting or opposing, directly or indirectly, a party or the election of a candidate or candidates or for the purpose of influencing, directly or indirectly, the voting at an election, and which is expenditure of one of the following kinds— > > > > > (a) expenditure on advertisements in radio, television, the internet, cinemas, newspapers, billboards, posters, brochures, how-to-vote cards and other election material, > > > > > (b) expenditure on the production and distribution of election material, > > > > > (c) expenditure on the internet, telecommunications, stationery and postage, > > > > > (d) expenditure incurred in employing staff engaged in election campaigns, > > > > > (e) expenditure incurred for office accommodation for any such staff and candidates (other than for the campaign headquarters of a party or for the electorate office of an elected member), > > > > > (f) expenditure on travel and travel accommodation for candidates and staff engaged in electoral campaigning, > > > > > (g) expenditure on research associated with election campaigns (other than in-house research), > > > > > (h) expenditure incurred in raising funds for an election, > > > > > (i) expenditure of a kind prescribed by the regulations. > > > (2) Electoral expenditure does not include— > > > > > (a) expenditure incurred substantially in respect of an election of members to a Parliament other than the NSW Parliament, or > > > > > (b) expenditure on factual advertising of— > > > > > > > (i) meetings to be held for the purpose of selecting persons for nomination as candidates for election, or > > > > > > > (ii) meetings for organisational purposes of parties, branches of parties or conferences, committees or other bodies of parties or branches of parties, or > > > > > > > (iii) any other matter involving predominantly the administration of parties or conferences, committees or other bodies of parties or branches of parties, or > > > > > (c) expenditure of a kind prescribed by the regulations. > > > (3) Electoral expenditure does not include expenditure incurred by an entity or other person (not being a party, an associated entity, an elected member, a group or a candidate) if the expenditure is not incurred for the dominant purpose of promoting or opposing a party or the election of a candidate or candidates or influencing the voting at an election. > > > (4) For the purposes of Division 4 (Caps on electoral expenditure for election campaigns) of Part 3 (Political donations and electoral expenditure), electoral expenditure does not include expenditure incurred in raising funds for an election. > > > (4A) For the purposes of Part 3 (Political donations and electoral expenditure), Division 4 (Caps on electoral expenditure for election campaigns), electoral expenditure does not include expenditure incurred on travel and travel accommodation for candidates and staff engaged in electoral campaigning. > > > (4AA) For Part 3 (Political donations and electoral expenditure), Division 4 (Caps on electoral expenditure for election campaigns), electoral expenditure does not include expenditure incurred on research associated with election campaigns. > > > (4B) For the purposes of Part 3 (Political donations and electoral expenditure), Division 4 (Caps on electoral expenditure for election campaigns), electoral expenditure does not include expenditure incurred for office accommodation for a single campaign office for a candidate or a party engaged in an election campaign, including for the campaign headquarters of a party, but only to a maximum amount of $20,000 for each capped expenditure period. > > > (4C) To avoid doubt, expenditure incurred for office accommodation that exceeds the amount referred to in subsection (4B) in a capped expenditure period is electoral expenditure for the purposes of Part 3, Division 4. > > > (4D) The amount referred to in subsection (4B) is an adjustable amount that is to be adjusted for inflation as provided by Schedule 1. > > > (4E) Subsection (4A) does not apply to expenditure incurred in connection with a motor vehicle, vessel or aircraft decorated with or displaying advertising or electoral material for a candidate or party. > > > (4F) Accordingly, expenditure incurred in connection with a motor vehicle, vessel or aircraft decorated with or displaying advertising or electoral material for a candidate or party is electoral expenditure for the purposes of Part 3, Division 4. > > > (5) For the purposes of Division 4 (Caps on electoral expenditure for election campaigns) of Part 3 (Political donations and electoral expenditure), electoral expenditure does not include expenditure of amounts of additional entitlements within the meaning of [Parliamentary Remuneration Act 1989](/view/html/inforce/current/act-1989-160). > > > (6) Without limiting subsection (1)(i) or (2)(c), a regulation made for the purposes of either of those paragraphs may provide that electoral expenditure of the kind prescribed is or is not electoral expenditure (as the case requires) only for the purposes of one or more specified provisions of this Act. > > Note. > > Division 4 of Part 3 caps electoral expenditure during an election campaign for State and local government elections (and Part 4 limits public funding for such expenditure at State election campaigns to part of that capped amount). Division 2 of Part 3 requires disclosure of the above electoral expenditure incurred at any time for State and local government elections. > > **s 7:** Am 2022 No 57, Sch 3\[2\] \[3\]; 2026 No 6, Sch 2\[1\].