New South Wales Consolidated Acts

ELECTORAL FUNDING ACT 2018 - SECT 31

31 Applicable caps on electoral expenditure for local government election campaigns

(1) General The applicable caps on electoral expenditure for a local government election campaign are as provided by this section, as modified by section 32 (Aggregation of applicable caps--local government election campaigns).

Note : This Act does not apply to an election of mayor by councillors--see the definition of
"local government election" in section 4.

(2) Parties with candidates For a local government general election or by-election for a local government area or ward, the applicable cap for a party that endorses a candidate for the election (including a candidate for mayor) or a group of candidates for election as councillor (including a group that includes a candidate for mayor) for electoral expenditure for the candidate or group is the amount of the applicable cap for the candidate or group.

(3) Candidates and groups (other than groups including mayoral candidates) For a local government general election or by-election for a local government area or ward, the applicable cap for a candidate (other than a candidate for mayor) or a group of candidates for election as councillor (other than a group that includes a candidate for mayor), whether or not endorsed by any party, is--

(a) $6,000--where the number of enrolled electors for the local government area or ward concerned for the election is 5,000 or fewer, and

(b) $10,000--where the number of enrolled electors for the local government area or ward concerned for the election is more than 5,000 but fewer than 10,001, and

(c) $18,000--where the number of enrolled electors for the local government area or ward concerned for the election is more than 10,000 but fewer than 20,001, and

(d) $25,000--where the number of enrolled electors for the local government area or ward concerned for the election is more than 20,000 but fewer than 30,001, and

(e) $36,000--where the number of enrolled electors for the local government area or ward concerned for the election is more than 30,000 but fewer than 50,001, and

(f) $46,000--where the number of enrolled electors for the local government area or ward concerned for the election is more than 50,000 but fewer than 75,001, and

(g) $63,500--where the number of enrolled electors for the local government area or ward concerned for the election is more than 75,000 but fewer than 125,001, and

(h) $72,000--where the number of enrolled electors for the local government area or ward concerned for the election is more than 125,000.

(4) Mayoral candidates (and groups including mayoral candidates) For a local government general election or by-election, the applicable cap for a candidate for mayor or a group of candidates that includes a candidate for mayor is--

(a) where the local government area concerned is divided into wards--the sum of the following--

(i) 100% of the applicable cap for a candidate for election as councillor in a ward of the local government area,

(ii) 25% of the applicable cap for a candidate for election as councillor in each of the other wards of the local government area, and

Note : See section 31A(5) regarding the determination of the
"number of enrolled electors for a ward" and, in particular, section 31A(5)(b) which provides that the number of enrolled electors for a ward in a local government area is the highest number of enrolled electors in any ward in that area.

(b) where the local government area concerned is not divided into wards--125% of the applicable cap for a candidate for election as a councillor of the local government area (other than a candidate for mayor).

(5) Third-party campaigners For a local government general election or by-election for a local government area or ward, the applicable cap for a third-party campaigner is the amount that is one-third of the applicable cap for a candidate for election as councillor (other than mayor) for the local government area or ward election concerned, but if the amount is not a whole number multiple of $10, the amount is to be rounded up to the nearest whole number multiple of $10.

(6) Candidate running for mayor and councillor at same time For the avoidance of doubt, if a person is a candidate for mayor and a candidate for councillor (other than mayor) at the same general election (or a simultaneous by-election for mayor and by-election for councillor (other than mayor)), the applicable cap for the person is the relevant applicable cap for a candidate for mayor.

(7) Indexation of capped amounts Each of the amounts referred to in this section is an adjustable amount that is to be adjusted for inflation as provided by Schedule 1.