French CJ
Hayne
J
Crennan J
Kiefel
J
Bell
J
2.
prohibition on the acceptance of political donations that exceed the applicable
cap 10.
4
Division 2B of Pt 6 provides for caps on electoral communication
expenditure for State election campaigns. "Electoral expenditure" is expenditure
for or in connection with promoting or opposing a party or candidate or for the
purpose of influencing voting at an election 11. "Electoral communication
expenditure" more specifically includes expenditure on advertisements, the
production and distribution of election material, the internet and
telecommunications 12. It is not necessary to detail how caps are applied to
electoral communication expenditure. An example will suffice. The applicable
cap for a party that endorses candidates in a general election to the Legislative
Assembly of New South Wales is $111,200 multiplied by the number of electoral
districts in which a candidate is endorsed 13. It is unlawful for a party, group,
candidate or third-party campaigner to incur electoral communication
expenditure for a State election campaign during a capped expenditure period 14 if
it exceeds the applicable cap 15.
5
The EFED Act makes provision in Pt 5 for public funding of State
election campaigns from an Election Campaigns Fund. It provides for funding of
specified percentages of the total actual electoral communication expenditure
incurred by a party or candidate within ranges of the applicable expenditure cap.
Again, it is not necessary to detail these provisions.
10
Election Funding, Expenditure and Disclosures Act 1981, s 95B(1).
11
Election Funding, Expenditure and Disclosures Act 1981, s 87(1).
12
Election Funding, Expenditure and Disclosures Act 1981, s 87(2).
13
Election Funding, Expenditure and Disclosures Act 1981, s 95F(2); Election
Funding, Expenditure and Disclosures (Adjustable Amounts) Notice (NSW),
Sched 1, cl 2(1).
14
Defined to mean, for Legislative Assembly elections, the period from and including
1 October in the year before which the election is to be held (and in any other case
the period from and including the day the writs for the election are issued) to the
end of polling day for the election: Election Funding, Expenditure and Disclosures
Act 1981, s 95H.
15
Election Funding, Expenditure and Disclosures Act 1981, s 95I(1).