Aggregation of electoral expenditure for local government elections

A group and its individual members

Electoral expenditure incurred by a group of candidates and by a candidate who is a member of the group must be aggregated for the purpose of the expenditure caps. The aggregated expenditure must not exceed the applicable cap for the candidate or group.

A party for its endorsed group or candidate

Electoral expenditure incurred by a party for an endorsed candidate or group of candidates and by the candidate or group must be aggregated for the purpose of the expenditure caps. The aggregated expenditure must not exceed the applicable cap for the candidate or group.

If generic party promotional material is displayed or distributed during the capped expenditure period in a local government area where the party has endorsed a candidate or group, the expenditure is likely to be subject to the candidate or group’s expenditure cap because the expenditure is directed at the election of the candidate or group.

A party and an elected member not seeking re-election

Electoral expenditure incurred by a party for an endorsed candidate or group of candidates and by an elected member who is a member of the party but not a candidate must be aggregated with any expenditure incurred by the candidate or group for the purpose of the expenditure caps. The aggregated expenditure must not exceed the applicable cap for the candidate or group.

A party and an associated entity of the party

Electoral expenditure incurred by a party and by an associated entity of the party for an endorsed candidate or group of candidates must be aggregated with any expenditure incurred by the candidate or group for the purpose of the expenditure caps. The aggregated expenditure must not exceed the applicable cap for the candidate or group.

A candidate or group for another candidate or group

Electoral expenditure incurred by a candidate or group that is for the election of another candidate or group may be subject to the expenditure cap of the candidate or group that is the beneficiary of the expenditure rather than the expenditure cap of the candidate or group that incurred the electoral expenditure.

This would be the case, for example, if one candidate or group incurred electoral expenditure for the joint benefit of themselves and another candidate or group, and the other candidate or group repaid their proportion of the expenditure.

If the recipient candidate or group does not repay the portion of the expenditure that has been incurred on their behalf, such a scenario would constitute an indirect campaign contribution or other form of political donation and would be applicable to the applicable caps on donations or indirect campaign contributions.