sec.109AMeaning of electoral expenditure

### sec.109A Meaning of electoral expenditure Electoral expenditure is expenditure of a kind mentioned in subsection (2) incurred for a campaign purpose. For subsection (1) , the kind of expenditure is— expenditure for designing, producing, printing, broadcasting or publishing material for an election, including, for example— an advertisement for broadcast on radio or television, at a cinema, or using the internet, email or SMS; and material for publication in newspapers or magazines, on billboards, or as brochures, flyers, signs, how-to-vote cards or information sheets; and material for distribution in letters; or expenditure for the cost of distributing material for an election, including, for example, the cost of postage, sending SMS messages or couriers; or expenditure for carrying out an opinion poll or research; or expenditure for contracted services related to an activity mentioned in paragraph (a) , (b) or (c) , including, for example, fees for consultants or the provision of data; or expenditure of another kind prescribed by regulation to be a kind of electoral expenditure. For subsection (2) (a) and (b) , it does not matter whether section 177 applies to the material. However, electoral expenditure does not include— expenditure incurred substantially for or related to the election of— members of the Parliament of the State or another State or the Commonwealth; or councillors (however described) of a local government of another State; or expenditure on factual advertising about a matter that relates mainly to the administration of a registered political party that endorses a candidate in an election, including, for example, a meeting of a branch, division or committee of the party— for an organisational purpose; or to select a candidate to nominate for election; or expenditure on employing staff for a campaign purpose; or expenditure of a kind prescribed by regulation not to be a kind of electoral expenditure. Expenditure incurred by a third party for an election is electoral expenditure if the dominant purpose for which the expenditure is incurred is a campaign purpose. However, expenditure incurred by a third party for an election is not electoral expenditure if the dominant purpose for which the expenditure is incurred is another purpose, even if the expenditure is also incurred for, or achieves, a campaign purpose. to educate or raise awareness about an issue of public policy Also, electoral expenditure incurred by or for a councillor of a local government does not include expenditure of a kind for which the councillor is entitled to receive an allowance or entitlement. An amount of electoral expenditure is inclusive of GST. In this section— allowance or entitlement , for a councillor of a local government, means an allowance or entitlement the councillor is entitled to under the local government’s expenses reimbursement policy. expenses reimbursement policy , in relation to a local government, means a policy— that the local government is required to adopt under the Local Government Act 2009 or the City of Brisbane Act 2010 ; and about the payment of expenses incurred or to be incurred by, and the provision of facilities to, councillors of the local government relating to the discharge of their duties and responsibilities as councillors. s 109A ins 2023 No. 8 s 24 (sec.109A-ssec.1) Electoral expenditure is expenditure of a kind mentioned in subsection (2) incurred for a campaign purpose. (sec.109A-ssec.2) For subsection (1) , the kind of expenditure is— expenditure for designing, producing, printing, broadcasting or publishing material for an election, including, for example— an advertisement for broadcast on radio or television, at a cinema, or using the internet, email or SMS; and material for publication in newspapers or magazines, on billboards, or as brochures, flyers, signs, how-to-vote cards or information sheets; and material for distribution in letters; or expenditure for the cost of distributing material for an election, including, for example, the cost of postage, sending SMS messages or couriers; or expenditure for carrying out an opinion poll or research; or expenditure for contracted services related to an activity mentioned in paragraph (a) , (b) or (c) , including, for example, fees for consultants or the provision of data; or expenditure of another kind prescribed by regulation to be a kind of electoral expenditure. (sec.109A-ssec.3) For subsection (2) (a) and (b) , it does not matter whether section 177 applies to the material. (sec.109A-ssec.4) However, electoral expenditure does not include— expenditure incurred substantially for or related to the election of— members of the Parliament of the State or another State or the Commonwealth; or councillors (however described) of a local government of another State; or expenditure on factual advertising about a matter that relates mainly to the administration of a registered political party that endorses a candidate in an election, including, for example, a meeting of a branch, division or committee of the party— for an organisational purpose; or to select a candidate to nominate for election; or expenditure on employing staff for a campaign purpose; or expenditure of a kind prescribed by regulation not to be a kind of electoral expenditure. (sec.109A-ssec.5) Expenditure incurred by a third party for an election is electoral expenditure if the dominant purpose for which the expenditure is incurred is a campaign purpose. (sec.109A-ssec.6) However, expenditure incurred by a third party for an election is not electoral expenditure if the dominant purpose for which the expenditure is incurred is another purpose, even if the expenditure is also incurred for, or achieves, a campaign purpose. to educate or raise awareness about an issue of public policy (sec.109A-ssec.7) Also, electoral expenditure incurred by or for a councillor of a local government does not include expenditure of a kind for which the councillor is entitled to receive an allowance or entitlement. (sec.109A-ssec.8) An amount of electoral expenditure is inclusive of GST. (sec.109A-ssec.9) In this section— allowance or entitlement , for a councillor of a local government, means an allowance or entitlement the councillor is entitled to under the local government’s expenses reimbursement policy. expenses reimbursement policy , in relation to a local government, means a policy— that the local government is required to adopt under the Local Government Act 2009 or the City of Brisbane Act 2010 ; and about the payment of expenses incurred or to be incurred by, and the provision of facilities to, councillors of the local government relating to the discharge of their duties and responsibilities as councillors. - (a) expenditure for designing, producing, printing, broadcasting or publishing material for an election, including, for example— (i) an advertisement for broadcast on radio or television, at a cinema, or using the internet, email or SMS; and (ii) material for publication in newspapers or magazines, on billboards, or as brochures, flyers, signs, how-to-vote cards or information sheets; and (iii) material for distribution in letters; or - (i) an advertisement for broadcast on radio or television, at a cinema, or using the internet, email or SMS; and - (ii) material for publication in newspapers or magazines, on billboards, or as brochures, flyers, signs, how-to-vote cards or information sheets; and - (iii) material for distribution in letters; or - (b) expenditure for the cost of distributing material for an election, including, for example, the cost of postage, sending SMS messages or couriers; or - (c) expenditure for carrying out an opinion poll or research; or - (d) expenditure for contracted services related to an activity mentioned in paragraph (a) , (b) or (c) , including, for example, fees for consultants or the provision of data; or - (e) expenditure of another kind prescribed by regulation to be a kind of electoral expenditure. - (i) an advertisement for broadcast on radio or television, at a cinema, or using the internet, email or SMS; and - (ii) material for publication in newspapers or magazines, on billboards, or as brochures, flyers, signs, how-to-vote cards or information sheets; and - (iii) material for distribution in letters; or - (a) expenditure incurred substantially for or related to the election of— (i) members of the Parliament of the State or another State or the Commonwealth; or (ii) councillors (however described) of a local government of another State; or - (i) members of the Parliament of the State or another State or the Commonwealth; or - (ii) councillors (however described) of a local government of another State; or - (b) expenditure on factual advertising about a matter that relates mainly to the administration of a registered political party that endorses a candidate in an election, including, for example, a meeting of a branch, division or committee of the party— (i) for an organisational purpose; or (ii) to select a candidate to nominate for election; or - (i) for an organisational purpose; or - (ii) to select a candidate to nominate for election; or - (c) expenditure on employing staff for a campaign purpose; or - (d) expenditure of a kind prescribed by regulation not to be a kind of electoral expenditure. - (i) members of the Parliament of the State or another State or the Commonwealth; or - (ii) councillors (however described) of a local government of another State; or - (i) for an organisational purpose; or - (ii) to select a candidate to nominate for election; or - (a) that the local government is required to adopt under the Local Government Act 2009 or the City of Brisbane Act 2010 ; and - (b) about the payment of expenses incurred or to be incurred by, and the provision of facilities to, councillors of the local government relating to the discharge of their duties and responsibilities as councillors.