Document ID: chunk:federal_register_of_legislation:C2025A00016:clause:4_302alc
Version: federal_register_of_legislation:C2025A00016
Segment Type: clause
Provision Reference: sch 4 cl 302ALC
Character Range: 172506–175133

302ALC  Electoral expenditure targeted to a Division, State or Territory
 (1) For the purposes of this Part, if a person or entity incurs electoral expenditure, the amount worked out under subsection (2) is targeted to a Division, State or Territory if:
 (a) the expenditure is incurred for the dominant purpose of creating or communicating electoral matter; and
 (b) the electoral matter is express coverage matter (see subsection (3)) for the Division, State or Territory; and
 (c) either:
 (i) for a Division—the electoral matter is not mainly communicated to electors enrolled outside Divisions for which it is express coverage matter; or
 (ii) for a State or Territory—the electoral matter is not mainly communicated to electors enrolled outside States and Territories for which it is express coverage matter.
 (2) For the purposes of subsection (1), the amount that is targeted to the Division, State or Territory is:
 (a) unless paragraph (b) applies—the amount of the expenditure; or
 (b) if the electoral matter to which the expenditure relates is express coverage matter for more than one Division, State or Territory—that share of the expenditure that the liable person or financial controller for the person or entity is reasonably satisfied reflects the distribution of the electoral matter in the Division, State or Territory.
 (3) Electoral matter is express coverage matter for a Division, State or Territory if the electoral matter:
 (a) is communicated to electors enrolled in the Division, State or Territory; and
 (b) does either or both of the following:
 (i) expressly mentions the name, or includes an image or likeness of, a candidate for election to the House of Representatives for the Division or the Senate for the State or Territory;
 (ii) expressly mentions the Division or a Senate election for the State or Territory.
 (4) Despite subsection (1), an amount of electoral expenditure is not targeted to any Division, State or Territory if:
 (a) the electoral matter to which the expenditure relates is a how‑to‑vote card; and
 (b) if the electoral matter contains matter additional to matter that satisfies paragraph (a), (b) or (c) of the definition of how‑to‑vote card—the dominant purpose of the matter is to convey matter that satisfies paragraph (a), (b) or (c) of the definition of how‑to‑vote card.
Note 1: Electoral expenditure that is not targeted to any Division, State or Territory will still (depending on who incurred it) count towards the Federal cap in section 302AMA or the capped entity cap in section 302APA.
Note 2: For the definition of how‑to‑vote card, see subsection 4(1).