sec.123TElectoral expenditure incurred by particular councillors

### sec.123T Electoral expenditure incurred by particular councillors This section applies if— a councillor of a local government was endorsed by a registered political party for the election for which the councillor was elected; and the councillor— announces or otherwise publicly indicates the councillor’s intention not to be a candidate in an election for a local government before the nomination day for the election; or does not become a candidate for an election for a local government when the prescribed information for nominations is published on the electoral commission’s website under section 32 . For section 123N , electoral expenditure incurred by or for the councillor during the capped expenditure period for the election mentioned in subsection (1) (b) is taken to have been incurred by or for the registered political party. However, subsection (2) applies only to electoral expenditure incurred by or for the councillor during any part of the capped expenditure period for the election for the local government for which— the councillor is a member of the registered political party; and the party endorses a candidate in the election for the local government. The registered political party, a candidate endorsed by the party for the election or a person acting with the authority of the party or candidate does not commit an offence against section 123N if— the party, candidate or person incurs electoral expenditure for the election; and the expenditure exceeds the party’s expenditure cap for the election, including any expenditure cap that is shared under subdivision 3 , because it is added to aggregated expenditure for the party; and the party, candidate or person did not know, and could not reasonably have known, about the aggregated expenditure being incurred. In this section— aggregated expenditure , for a registered political party, means electoral expenditure taken to have been incurred by or for the party under subsection (2) . s 123T ins 2023 No. 8 s 41 (sec.123T-ssec.1) This section applies if— a councillor of a local government was endorsed by a registered political party for the election for which the councillor was elected; and the councillor— announces or otherwise publicly indicates the councillor’s intention not to be a candidate in an election for a local government before the nomination day for the election; or does not become a candidate for an election for a local government when the prescribed information for nominations is published on the electoral commission’s website under section 32 . (sec.123T-ssec.2) For section 123N , electoral expenditure incurred by or for the councillor during the capped expenditure period for the election mentioned in subsection (1) (b) is taken to have been incurred by or for the registered political party. (sec.123T-ssec.3) However, subsection (2) applies only to electoral expenditure incurred by or for the councillor during any part of the capped expenditure period for the election for the local government for which— the councillor is a member of the registered political party; and the party endorses a candidate in the election for the local government. (sec.123T-ssec.4) The registered political party, a candidate endorsed by the party for the election or a person acting with the authority of the party or candidate does not commit an offence against section 123N if— the party, candidate or person incurs electoral expenditure for the election; and the expenditure exceeds the party’s expenditure cap for the election, including any expenditure cap that is shared under subdivision 3 , because it is added to aggregated expenditure for the party; and the party, candidate or person did not know, and could not reasonably have known, about the aggregated expenditure being incurred. (sec.123T-ssec.5) In this section— aggregated expenditure , for a registered political party, means electoral expenditure taken to have been incurred by or for the party under subsection (2) . - (a) a councillor of a local government was endorsed by a registered political party for the election for which the councillor was elected; and - (b) the councillor— (i) announces or otherwise publicly indicates the councillor’s intention not to be a candidate in an election for a local government before the nomination day for the election; or (ii) does not become a candidate for an election for a local government when the prescribed information for nominations is published on the electoral commission’s website under section 32 . - (i) announces or otherwise publicly indicates the councillor’s intention not to be a candidate in an election for a local government before the nomination day for the election; or - (ii) does not become a candidate for an election for a local government when the prescribed information for nominations is published on the electoral commission’s website under section 32 . - (i) announces or otherwise publicly indicates the councillor’s intention not to be a candidate in an election for a local government before the nomination day for the election; or - (ii) does not become a candidate for an election for a local government when the prescribed information for nominations is published on the electoral commission’s website under section 32 . - (a) the councillor is a member of the registered political party; and - (b) the party endorses a candidate in the election for the local government. - (a) the party, candidate or person incurs electoral expenditure for the election; and - (b) the expenditure exceeds the party’s expenditure cap for the election, including any expenditure cap that is shared under subdivision 3 , because it is added to aggregated expenditure for the party; and - (c) the party, candidate or person did not know, and could not reasonably have known, about the aggregated expenditure being incurred.