South Australian Current Acts

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ELECTORAL ACT 1985 - SECT 130Z

130Z—Expenditure caps

        (1)         The "applicable expenditure cap" on political expenditure of a person to whom this Division applies is as follows:

            (a)         for a registered political party that endorses candidates for election in the Legislative Council district only—the cap is $500 000 (indexed);

            (b)         for a registered political party that endorses candidates for election in 1 or more House of Assembly districts—the cap is—

                  (i)         $75 000 (indexed) multiplied by the number of electoral districts in which the party endorses a candidate (as at the hour of nomination) less the sum of the amounts allocated to candidates in accordance with subsection (2) (as at the end of the capped expenditure period in relation to the party for the election); plus

                  (ii)         if the party also endorses candidates for election in the Legislative Council district, $100 000 (indexed) multiplied by the number of candidates endorsed (as at the end of the capped expenditure period in relation to the party for the election but only up to a maximum of 5);

            (c)         for a candidate for election in a House of Assembly district who is endorsed by a registered political party—the cap is an amount allocated to the candidate in accordance with subsection (2);

            (d)         for a candidate for election in a House of Assembly district not endorsed by a registered political party—the cap is $100 000 (indexed);

            (e)         for a group of candidates in a Legislative Council election whose members are not endorsed by a registered political party—the cap is $500 000 (indexed);

            (f)         for a candidate in a Legislative Council election not endorsed by a registered political party—the cap is $125 000 (indexed).

        (2)         For the purposes of subsection (1)(c), a registered political party must allocate an amount to each candidate for election in a House of Assembly district endorsed by the party, being—

            (a)         the amount agreed between the candidate and the agent of the party (being not more than $100 000); or

            (b)         if no amount is so agreed—$40 000.

        (2a)         For the purpose of subsection (2)(a), the amount agreed between the candidate and the agent of the party may vary at different times, provided that the candidate and agent may not vary the amount agreed after notice of the agreement has been given to the Electoral Commissioner under subsection (3).

        (3)         The agent of a registered political party who agrees to an amount under subsection (2)(a) must ensure that written notice of the agreement, specifying the amount agreed, is given to the Electoral Commissioner at least 8 days before polling day for the election.

        (3a)         The Electoral Commissioner must not publish an agreement given to the Electoral Commissioner under subsection (3) until after the end of the capped expenditure period for the election to which the agreement relates.

        (4)         For the purposes of this Part, a candidate for election to the Legislative Council who is endorsed by a registered political party does not have an applicable expenditure cap but political expenditure incurred by the candidate will be taken to be political expenditure incurred by the registered political party.



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