Keane
J
30.
particular electorate if the expenditure is for advertising or other
material that:
92
explicitly mentions the name of a candidate in the election in
that electorate or the name of the electorate, and
(b)
is communicated to electors in that electorate, and
(c)
is not mainly communicated to electors outside that
electorate."
Sub-sections (1) and (2) of s 95G provide for the aggregation of electoral
communication expenditure by associated political parties, that is to say, parties
which 79:
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.
.
93
(a)
endorse the same candidate for a State election, or
endorse candidates included in the same group in a periodic Council
election, or
form a recognised coalition.
Section 95G(6) provides that electoral communication expenditure of
political parties and organisations affiliated with them is to be aggregated,
thereby limiting the amount of electoral communication expenditure able to be
incurred in total by the party and the affiliated organisation. Sub-sections (6) and
(7) of s 95G provide:
"(6)
Aggregation of
organisations
expenditure
of
parties
and
affiliated
Electoral communication expenditure incurred by a party that is of
or less than the amount specified in section 95F for the party … is
to be treated as expenditure that exceeds the applicable cap if that
expenditure and any other electoral communication expenditure by
an affiliated organisation of that party exceed the applicable cap so
specified for the party.
(7)
79
In subsection (6), an affiliated organisation of a party means a
body or other organisation, whether incorporated or
unincorporated, that is authorised under the rules of that party to
appoint delegates to the governing body of that party or to
participate in pre-selection of candidates for that party (or both)."
Election Funding, Expenditure and Disclosures Act 1981 (NSW), s 95G(1).
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