Keane
J
28.
Expenditure
87
Section 95I(1) provides that:
"It is unlawful for a party, group, candidate or third-party campaigner to
incur electoral communication expenditure for a State election campaign
during the capped expenditure period for the election if it exceeds the
applicable cap on electoral communication expenditure."
88
Section 87(1) of the EFED Act defines "electoral expenditure" as
"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."
89
Section 87(2) defines "electoral communication expenditure" as "electoral
expenditure" 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)
such other expenditure as may be prescribed by the regulations as
electoral communication expenditure".
90
It is to be noted that, by virtue of the definitions of "electoral expenditure"
and "electoral communication expenditure", the proscription of electoral
communication expenditure in excess of the cap is a proscription of expenditure
which is directly connected with political communication.
91
Section 95F, together with s 95G, states the applicable caps on electoral
communication expenditure for State election campaigns. It is not necessary to
set out s 95F in full. It is sufficient to note that:
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