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).

Select target paragraph3