2.1 Introduction

Individuals or groups who are interested in being part of the referendum process are able to promote referendum advertisements for the referendum on the voting system to be held in conjunction with the 2011 General Election. The key messages are:

• All promoters are subject to the requirement in the Electoral Referendum Act 2010 to include their name and address on any referendum advertisement.
• Promoters who spend, or intend to spend over $12,000 on referendum advertising during the regulated period (which starts on 26 August 2011 and ends on 25 November 2011) will be required to register with the Electoral Commission.

Who is a promoter

A promoter is a person or group on whose initiative or instigation a referendum advertisement is published, or is to be published.

Who can promote referendum advertisements

Only the following can promote a referendum advertisement:

• a registered promoter, or
• an unregistered promoter.

You should note that there is no special provision for constituency candidates, list candidates or parties under the Electoral Referendum Act, so a candidate or party that undertakes referendum advertising will be a third party promoter for the purposes of the referendum.

2.2 Unregistered promoters

An individual or group may be an unregistered promoter for the purposes of the referendum provided that they do not incur referendum expenses exceeding $12,000 (including GST) in relation to referendum advertisements published during the regulated period. For information on what is a referendum advertisement see Part 6.

There is no requirement for an unregistered promoter to disclose how much they have spent on referendum advertisements. However, unregistered promoters are required to keep records of the costs incurred in relation to referendum advertisements published during the regulated

period for verification purposes until 26 November 2014, or where a fresh referendum is held, as a result of a successful referendum petition, for 3 years from the date the result of the fresh referendum is declared.

2.3 Registered promoters

Any individual or group who spends, or intends to spend, over $12,000 (including GST) on referendum advertising during the regulated period must register with the Electoral Commission.

An overseas person cannot be a registered promoter for the purposes of referendum advertising, therefore an overseas person may only spend up to $12,000 (including GST) on referendum advertising during the regulated period.

The same meaning is attributed to an overseas person in the Electoral Referendum Act as applies to an overseas person under Part 6 of the Electoral Act (see paragraph 1.3 for the meaning of overseas person).