QLDIn ForceAct
Local Government Electoral Act 2011
sec.123AMeaning of capped expenditure period
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### sec.123A Meaning of capped expenditure period
The capped expenditure period , for an election, starts—
for a quadrennial election—on the first business day after the last Saturday in August that occurs in the year immediately before the year in which the quadrennial election must be held under section 23 (1) ; or
for a by-election—on the day notice of the day of the by-election is published on the electoral commission’s website under section 24 (3) ; or
for a fresh election—
if, when notice of the election is published on the electoral commission’s website under section 25 (1) , the capped expenditure period for a quadrennial election has started under paragraph (a) or subsection (2) —on the day the capped expenditure period started; or
otherwise—on the day notice of the election is published on the electoral commission’s website under section 25 (1) .
However, if before the day mentioned in subsection (1) (a) for a quadrennial election a regulation fixes a day for the quadrennial election under section 23 (3) , the capped expenditure period for the quadrennial election starts on a day prescribed by regulation for this subsection.
The capped expenditure period , for an election, ends at 6p.m. on the later of—
the polling day for the election; or
if the poll at a polling booth for an election is adjourned under section 52A (3) or 53 (1) —the day the adjourned poll is held.
Subsection (3) (b) applies despite section 53 (6) .
s 123A ins 2023 No. 8 s 41
(sec.123A-ssec.1) The capped expenditure period , for an election, starts— for a quadrennial election—on the first business day after the last Saturday in August that occurs in the year immediately before the year in which the quadrennial election must be held under section 23 (1) ; or for a by-election—on the day notice of the day of the by-election is published on the electoral commission’s website under section 24 (3) ; or for a fresh election— if, when notice of the election is published on the electoral commission’s website under section 25 (1) , the capped expenditure period for a quadrennial election has started under paragraph (a) or subsection (2) —on the day the capped expenditure period started; or otherwise—on the day notice of the election is published on the electoral commission’s website under section 25 (1) .
(sec.123A-ssec.2) However, if before the day mentioned in subsection (1) (a) for a quadrennial election a regulation fixes a day for the quadrennial election under section 23 (3) , the capped expenditure period for the quadrennial election starts on a day prescribed by regulation for this subsection.
(sec.123A-ssec.3) The capped expenditure period , for an election, ends at 6p.m. on the later of— the polling day for the election; or if the poll at a polling booth for an election is adjourned under section 52A (3) or 53 (1) —the day the adjourned poll is held.
(sec.123A-ssec.4) Subsection (3) (b) applies despite section 53 (6) .
- (a) for a quadrennial election—on the first business day after the last Saturday in August that occurs in the year immediately before the year in which the quadrennial election must be held under section 23 (1) ; or
- (b) for a by-election—on the day notice of the day of the by-election is published on the electoral commission’s website under section 24 (3) ; or
- (c) for a fresh election— (i) if, when notice of the election is published on the electoral commission’s website under section 25 (1) , the capped expenditure period for a quadrennial election has started under paragraph (a) or subsection (2) —on the day the capped expenditure period started; or (ii) otherwise—on the day notice of the election is published on the electoral commission’s website under section 25 (1) .
- (i) if, when notice of the election is published on the electoral commission’s website under section 25 (1) , the capped expenditure period for a quadrennial election has started under paragraph (a) or subsection (2) —on the day the capped expenditure period started; or
- (ii) otherwise—on the day notice of the election is published on the electoral commission’s website under section 25 (1) .
- (i) if, when notice of the election is published on the electoral commission’s website under section 25 (1) , the capped expenditure period for a quadrennial election has started under paragraph (a) or subsection (2) —on the day the capped expenditure period started; or
- (ii) otherwise—on the day notice of the election is published on the electoral commission’s website under section 25 (1) .
- (a) the polling day for the election; or
- (b) if the poll at a polling booth for an election is adjourned under section 52A (3) or 53 (1) —the day the adjourned poll is held.