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Appendix C: summary - election and referendum advertising rules for candidates

Summary - election advertising rules for electorate candidates

Broadcast advertising When broadcasts allowed Must be authorised by Party expense? Electorate candidate expense?
Promoting party, candidate and party, or attacking another party or candidate Not allowed Not applicable Not applicable Not applicable
Promoting electorate candidate only From writ day to day before polling day Electorate candidate Not applicable Yes
Party promoting both electorate candidate and party (using party’s broadcast allocation) From writ day to day before polling day Party secretary and electorate candidate No – paid from Electoral Commission allocation Yes (for the cost of the portion of the ad relating to the electorate candidate) and value is a donation by the party to that candidate.
Party promoting electorate candidate (using party’s broadcast allocation) From writ day to day before polling day Electorate candidate Electorate candidate No – paid from Electoral Commission Yes, and value is a donation by the party to the electorate candidate
Non-broadcast advertising Period for which counted as election expenseMust be authorised by Party expense? Electorate candidate expense?
Promoting party or attacking party or candidate

Regulated period (26 August to 25 November 2011)

Party secretary Yes No
Promoting electorate candidate Regulated period Electorate candidate No Yes
Promoting both electorate candidate and party Regulated period Both the party secretary and electorate candidate Yes (for the cost of that portion of the ad relating to the party) Yes (for the cost of that portion of the ad relating to the electorate candidate)

Summary - referendum advertising rules for candidates

Referendum advertisements Period for which counted as referendum expense Must be authorised by Party referendum expense? Electorate Candidate expense?
Broadcast referendum ad promoting an option or attacking an option.

Regulated period (26 August 2011 to 25 November 2011)

Candidate No Yes
Non-broadcast ad promoting an option or attacking an option Regulated period CandidateNo Yes – referendum and election
Referendum ad and election ad promoting a candidate or attacking another candidate or party Regulated period Candidate No Yes - referendum and election
Referendum ad and election ad promoting party Regulated period Both the candidate and party secretary Yes – referendum and election Yes - referendum and election
Referendum ad and election ad promoting party and electorate candidate Regulated period Both the candidate and party secretary Yes – referendum and election Yes – referendum and election

1 There are no restrictions on when non-broadcast advertisements can be published.

2 Authorisation must be in writing. In addition, the advertisement when broadcast or published must state the name and address of the person initiating or instigating the advertisement (‘the promoter’). For a referendum advertisement promoted by a candidate this will be the candidate. A Post Office box or website address is insufficient. The address can be the full street address of either the place where the candidate usually lives or any other place where he or she can usually be contacted between the hours of 9.00am and 5.00pm on any working day.

3 However, candidates would need to carefully consider whether any broadcasting about the referendum would fall under the definition of an election programme for the purposes of the Broadcasting Act and an election advertisement for the purposes of the Electoral Act. If so, it can only be broadcast from 26 October (writ day) and subject to the rules for broadcast of election programmes. If it is also an election advertisement for the purpose of the Electoral Act production costs will also be both an election and referendum expense.

The Electoral Commission advises that if a candidate promotes a referendum advertisement you should assume the advertisement will also be deemed to be a candidate advertisement.

4 The Electoral Commission advises that if a candidate promotes a referendum advertisement you should assume the advertisement will also be deemed to be a candidate advertisement.