Obligations of a Member of the Legislative Council

This information is for Members of the Legislative Council. If this is not what you are looking for, visit our Funding and disclosure for State elections page to find information that is relevant to you.

For more information, refer to Part 13A of the Electoral Act 1985 External link.

Members of Parliament and agents

A Member may appoint an agent, who is then responsible for ensuring the Member fulfils their obligations under Part 13A of the Electoral Act 1985

A group of unendorsed candidates or Members may appoint an agent, who is then responsible for ensuring the members of the group fulfil their obligations under Part 13A.

If all the members of a group are endorsed by a registered political party, the party's agent is the group's agent.

For more information, visit our Appointing an agent page.

What Members of the Legislative Council must do

The same obligations that apply to individual Members of the Legislative Council also apply to groups of Members.

A Member must do the following:

  • Create a State campaign account and deposit all gifts into that account and pay all political expenditure from that account (sections 130K, 130L, and 130N of the Electoral Act 1985).
  • Record information about their gifts of $200 or more and loans of $1,000 or more (sections 130ZJ and 130ZK).
  • Lodge their first campaign donation return within 30 days of the start of the designated period (see Glossary) disclosing all donations received since 1 July 2015 that are greater than $5,000 (indexed) (section 130ZF).
  • Continue to lodge campaign donation returns every 7 days thereafter until 30 days after polling day (section 130ZF).
  • Lodge a political expenditure return within 60 days of the election date if their total amount of political expenditure during the capped expenditure period exceeded $5,000 (indexed) (section 130ZQ).
  • Provide audit certificates with all returns lodged (section 130ZV).

For more information about your reporting obligations, visit our Reporting gifts and loans (candidates and groups) and Reporting political expenditure (candidates and parties) pages.

Public funding scheme

To opt into the public funding scheme, a Member or group must lodge a certificate under section 130Y of the Electoral Act 1985. Once lodged a certificate cannot be withdrawn. For more information, visit our Applying for public funding page.

Expenditure caps apply if a Member or group opts into this scheme (section 130Z).

The expenditure cap for an unendorsed candidate is $125,000 (indexed). The expenditure cap for a group of unendorsed candidates is $500,000 (indexed). The expenditure cap for a group of endorsed candidates is allocated to the registered political party, not the candidates. Penalties apply if a Member exceeds their expenditure cap during the capped expenditure period. For more information, visit our Political expenditure caps page.

Disclaimer

Refer to our Disclaimer page.