‘Electoral matter’ is matter that is communicated, or intended to be communicated, for the dominant purpose of influencing the way electors vote in a federal election of a member of the House of Representatives or of Senators for a State or Territory.

A number of factors are considered when determining when a communication contains electoral matter: Section 4AA(1)-(5) of the Electoral Act. For example, unless the contrary is proved, the dominant purpose of a communication is presumed to be electoral matter, if the matter expressly promotes or opposes:

• a political entity, to the extent that the matter relates to a federal election; or
• a member of the House of Representatives or a Senator, to the extent that the matter relates to a federal election.

The following factors must be taken into account when determining the dominant purpose of a communication or intended communication of matter:

• whether the communication or intended communication is or would be to the public or a section of the public;
• whether the communication or intended communication is or would be by a political entity or significant third party (within the meaning of Part XX of the Electoral Act);
• whether the matter contains an express or implicit comment on a political entity, a member of the House of Representatives or a Senator;
• whether the communication or intended communication is or would be received by electors near a polling place;
• how soon a federal election is to be held after the creation or communication of the matter;
• whether the communication or intended communication is or would be unsolicited.

The following types of communications do not require an authorisation:

• private communications by a person to another who is known to that person;
• news content, presenting of current affairs or other genuine editorial content in news media;
• where the dominant purpose of the communication is satirical, academic, educative or artistic purposes – this also takes into account other relevant considerations including the dominant purpose of other communications made by that person;
• a private communication to a political entity (that is not a Commonwealth public official) in relation to public policy or public administration;
• a communication which occurs or would occur in the House of Representatives, Senate or parliamentary committee;
• clothing;
• other promotional items such as balloons, pens, mugs, tote bags or marquees that only contain the name, logo, or other identifying features of the notifying entity (excluding stickers);
• opinion polling or research relating to voting intentions at a federal election or by-election;
• internal communications of a notifying entity;
• real time or ‘live’ communications, where the speaker and the disclosure entity on whose behalf the speaker is communicating is or could be reasonably identified (this does not include later communications, or subsequent recordings of the ‘live’ event);
• communications made solely to announce a meeting;
• a letter or card that contains the name and address of the notifying entity;
• skywriting;
• graffiti;
• a media release that contains the name and address of the notifying entity for that media release; and
• an envelope that has the name and address of the notifying entity for that envelope.

Disclosure entity means: a registered political party, associated entity, donor, third party, referendum entity (for Federal Referendum), significant third party, candidates in an election, or a Member of the House of Representatives or a Senator.

Associated entity is: a person or entity (other than a political entity, a member of the House of Representatives or a Senator) that is registered under ss 287H and 287L of the Electoral Act. An entity is required to be registered as an associated entity if any of the following apply in a financial year:

• the entity is controlled by one or more registered political parties;
• the entity operates wholly, or to a significant extent, for the benefit of one or more registered political parties;
• the entity is a financial member of a registered political party;
• another person is a financial member of a registered political party on behalf of the entity;
• the entity has voting rights in a registered political party;
• another person has voting rights in a registered political party on behalf of the entity;
• the entity operates wholly, or to a significant extent, for the benefit of one or more disclosure entities, and the benefit relates to one or more electoral activities (whether or not the electoral activities are undertaken during an election period).

Significant third parties include: a person or entity (other than a political entity, a member of the House of Representatives or a Senator) that is registered under ss 287F and 287L of the Electoral Act. A person or entity is required to be registered as a significant third party when:

• electoral expenditure exceeds $250,000 during that financial year or any one of the previous three financial years; or
• electoral expenditure is at least equal to the disclosure threshold during that financial year and electoral expenditure during the previous financial year was at least one third of the revenue of the person or entity for that year; or
• during that financial year the person or entity operates for the dominant purpose of fundraising amounts:
• the aggregate of which is at least equal to the disclosure threshold; and
• that are for the purposes of incurring electoral expenditure or that are to be gifted to another person or entity for the purpose of incurring electoral expenditure.

It is a breach of the Electoral Act for a foreign campaigner to approve or communicate electoral matter: s 321DA of the Electoral Act.

Note: there are also expenditure restrictions for foreign campaigners, see here.

Paid advertising means an advertisement where all or part of the distribution or production of the advertisement was paid for.