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Parties and Candidates

Reporting and disclosure obligations - political parties

On this page

  • Party returns
  • Additional disclosure obligations
  • Offences and penalties

👉Compliance Key Dates ALL - 2026 State Election (PDF, 160KB) 

👉Disclosure Reporting Periods 2025-26 - Political Parties (PDF, 390KB)

Under Part 13A Division 8 of the Electoral Act 1985 (the Act), electoral participants, including political parties, candidates, associated entities, and third parties, must submit financial returns to the Electoral Commissioner at prescribed intervals. These returns promote transparency in electoral funding and ensure compliance with donation and expenditure laws.

Party returns

For registered political parties, section 130ZN of the Act outlines the reporting requirements. The agent of each registered political party is required to submit a political party return at prescribed times, in a format approved by the Electoral Commissioner. Each return must include:

Amounts received

  • Total received during the period.
  • A breakdown of amounts $1,000 or less, including the number of contributors.
  • Prescribed details for each amount over $1,000, including:
    • Value
    • Date received
    • Name and address of the contributor
    • Any other details required by regulation

Debts incurred

  • Total outstanding debts at the end of the period.
  • A breakdown of debts $1,000 or less, including the number of creditors.
  • Prescribed details for each debt over $1,000, including:
    • Value
    • Date incurred
    • Name and address of the creditor
    • Any other details required by regulation
  • A declaration by the party agent confirming that no electoral donations were received in breach of Division 6A during the reporting period.

Prescribed reporting periods

Initial period (if no previous return submitted)

From the date the party became subject to the reporting requirements under the Act until either 30 June or 31 December, whichever comes first.

Returns must be lodged within 30 days of the end of the period.

Between general elections
  • 1 January to 30 June
  • 1 July to 31 December.

Returns for each period must be lodged within 30 days of the end of the period.

During general election periods

From the start of the designated period  to 30 days after polling day:

  • First 30 days
  • Then, each 14-day period until polling day
  • If fewer than 14 days remain before the 30-day post-polling deadline, the final period covers those remaining days.

Returns for each of these periods must be lodged within 5 days of the end of the period.

Aggregation rule

Multiple amounts received from the same person during a financial year are treated as one amount for reporting purposes.

Additional disclosure obligations

In addition to the requirements under section 130ZN, registered political parties and other electoral participants may also be subject to further disclosure obligations under sections 130ZQ to 130ZT of the Act. These provisions apply when political expenditure exceeds certain thresholds or when amounts are received to fund such expenditure.

Political expenditure during capped expenditure period

(section 130ZQ)

  • Applies to parties, candidates, groups, or third parties incurring more than $5,000 in political expenditure during the capped expenditure period.
  • Agents must submit a return within 60 days after polling day, detailing the expenditure.
  • Third parties must disclose any arrangements with Division 6 entities.

Annual political expenditure returns

(section 130ZR)

  • Applies to individuals incurring more than $5,000 in political expenditure during a financial year, not acting on behalf of the Crown or as a member of parliament.
  • Returns must be submitted within 12 weeks after the end of the financial year.
  • Third parties must disclose any relevant arrangements.

Annual returns for amounts received

(section 130ZS)

  • Applies to individuals required to submit returns under 130ZQ or 130ZR who received amounts over $1,000 used for political expenditure.
  • Returns must include:
    • Value and date of each amount
    • Name and address of the contributor
    • Any other prescribed details
  • Aggregated amounts from the same donor are treated as one.

Related matters

(section 130ZT)

  • Returns must not include party membership lists.

Audit certificates

An audit certificate must accompany each return. During election periods, only 2 bulk certificates are required:

  • One lodged 7 days before polling day
  • One lodged on the final return due date.

You may apply for a waiver if compliance costs are unreasonable.

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Offences and penalties

Political parties must comply with all disclosure and reporting obligations under Part 13A of the Act. Non-compliance may result in offences and legal penalties, as outlined in section 130ZZE and Regulation 40 of the Electoral Regulations 2024.

Failure to lodge required returns

Not submitting half-yearly, election period, or audit certificates within the required timeframe is an offence.

Providing false or misleading information

Knowingly submitting incorrect or incomplete information in a return is a serious offence.

Failure to appoint an agent

Each registered political party must appoint an agent to manage its electoral obligations. If no agent is appointed:

  • The party’s registered officer or executive members may be deemed responsible.
  • Non-compliance by the agent or responsible persons may result in penalties.

Failure to maintain a state campaign account

If a political party receives funds that must be deposited into a campaign account and fails to do so, this may breach the Act.

Prescribed details

This page outlines when prescribed details must be provided under South Australia's electoral funding and disclosure laws. For full requirements, refer to the prescribed details guide.

Under the Electoral Act 1985 (the Act) and the Electoral Regulations 2024 (Electoral Regulations), all participants required to lodge electoral returns must include prescribed details to meet their funding and disclosure obligations. This applies to:

  • Registered political parties
  • Third parties
  • Associated entities
  • Candidates and groups
  • Their appointed agents

Download the guide for more information.

👉 Prescribed Details Guide (PDF, 273KB)

When prescribed details are required

Prescribed details must be provided when a return involves:

  • Donations
  • Loans
  • Debts
  • Political expenditure

Disclosure threshold

Disclosure is required when the value of a donation, loan, or debt exceeds $1,000.

Return types and triggers

The following table outlines the types of electoral returns and the events that trigger the requirement to lodge them, as specified under sections 130ZF to 130ZS of the Act:

Return type Triggering event
Campaign donations return Candidate or group member receives a disclosable donation or loan
Donor returns Donor gives or is reimbursed for a disclosable donation or loan
Political party/entity/third party returns Receipt of a disclosable amount or debt
Political expenditure returns Disclosable spending during capped or annual periods

Using public sources

You may reference publicly available sources (e.g. ASIC or charity registers) instead of listing certain details, provided you include:

  • The name of the publication
  • A direct link to the specific page 

What to do if details are unavailable

  1. Complete as much of the return as possible
  2. Lodge a ‘Notice of Inability to Complete Return’ form
  3. Submit both documents to ECSA

Donations to certain participants

Overview

While Subdivisions 1 and 2 of the Electoral Act 1985 establish broad prohibitions on political donations and loans, Subdivision 3 introduces specific rules for regulated designated participants. These participants may still receive donations and loans within strict limits, such as a $5,000 individual cap per financial year, provided they comply with disclosure and return requirements.

Who Is a regulated designated participant?

This includes:

  • Entitled registered political parties
  • Entitled candidates
  • Entitled groups
  • Third parties (excluding ACNC-registered entities).

Electoral donations

Individual cap on donations

  • A donor may contribute up to $5,000 per financial year to a regulated designated participant.
  • Multiple donations from the same donor are aggregated to assess whether the cap is exceeded.

Prohibited donations

  • It is unlawful to accept donations that exceed the $5,000 cap.
  • If an excess donation is received:
    • It must be returned to the donor, or
    • If that’s not possible, it must be transferred to the Electoral Commissioner for deposit into the consolidated account.

Exception

  • Donations paid into a federal account under the Commonwealth Electoral Act 1918 are exempt from the cap.

General cap on donations during election periods

What Is the general cap?

  • During the capped expenditure period, total donations must not exceed the participant’s applicable expenditure cap.

Consequences of breach

  • If exceeded, the agent may be liable to repay twice the excess to the Crown.
  • No penalty applies if the excess is promptly returned or transferred.

Electoral loans

Individual cap on loans

  • A donor may lend up to $5,000 per financial year to a regulated designated participant.
  • Loans from the same person are aggregated.
  • Loans from financial institutions are exempt.

Prohibited loans

  • Loans exceeding the cap must be returned or transferred to the Electoral Commissioner.
  • Loans paid into a federal account are exempt.

General cap on loans during election periods

  • Total loans during the capped expenditure period must not exceed the expenditure cap.
  • Excess loans may result in the agent being liable for twice the excess.

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Expenditure caps

Under section 130Z of the Electoral Act 1985 (the Act), political expenditure during elections is subject to strict caps. These limits are designed to promote fairness, prevent disproportionate influence, and ensure transparency in campaign financing. Caps vary depending on the type of election (general or by-election), the number of candidates endorsed, and whether the campaigner is a party, candidate, or third party. The caps apply to:

  • Registered political parties
  • Endorsed and independent candidates
  • Third-party campaigners
  • Groups of candidates in the Legislative Council .

These provisions are outlined in:

  • Section 130Z – Applicable expenditure caps
  • Section 130ZA – Offences for exceeding caps
  • Section 130ZB – Attribution of political expenditure
  • Section 107(7) – Election may be declared void due to breaches.

Expenditure caps by participant type

Participant type Election type Expenditure cap (2026 indexed)
Registered political party Legislative Council only $500,000
Registered political party House of Assembly districts $75,000 × number of districts - candidate allocations
Registered political party Legislative Council candidates $100,000 × number of candidates (max 5)
Endorsed candidate House of Assembly Up to $100,000 (or $40,000 if no agreement)
Independent candidate House of Assembly $100,000
Independent candidate Legislative Council $125,000
Group of independent candidates Legislative Council $100,000 × number of candidates (max 5)
Third party General election $450,000
Third party By-election (House of Assembly) $60,000
Third party Per district (General election) Max $60,000 per district

Capped expenditure period: In a general election, this period begins on 1 July in the year before the election. For any other election, it starts on the day the vacancy is announced in the House of Assembly by, or on behalf of, the Speaker. For all elections, the capped expenditure period ends 30 days after polling day.

Candidate allocation agreements

For endorsed candidates in House of Assembly districts, the expenditure cap is determined by an agreement between the candidate and the party’s agent. This agreement must:

  • Be no more than $100,000 (2026 indexed).
  • Be formally notified to the Electoral Commissioner at least 8 days before polling day.
  • Default to $40,000 if no agreement is made.

Once notified, the agreed amount cannot be changed, and the Electoral Commissioner will not publish the agreement until after the capped expenditure period ends.

Attribution of political expenditure

When a candidate is endorsed by a registered political party, both the party and the candidate must ensure that political expenditure is properly attributed and does not exceed the applicable cap.

  • Party agents must monitor spending to avoid breaching the candidate’s cap.
  • Endorsed candidates must ensure their expenditure relates only to their own electoral district.
  • Expenditure is considered district-related if it is communicated to electors in that district and not mainly to those outside it.

Penalties for exceeding expenditure caps

Breaching the expenditure caps during the capped period can result in serious consequences. If a person exceeds their cap:

  • The Crown may recover an amount equal to 10 times the excess from the agent responsible.
  • This recovery is in addition to any other penalties or offences under the Electoral Act.
  • Agents must actively monitor and manage expenditure to avoid liability.

Election may be declared void

An election may be declared void on the grounds of a breach of section 130ZA (the capped expenditure provisions) if the Court of Disputed Returns finds, on the balance of probabilities, that the result of the election was affected by the breach.

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Electoral Commission South Australia


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ELECTORAL COMMISSION SA
Level 6, 60 Light Square
Adelaide SA 5000

GPO Box 646
Adelaide SA 5001

Email: enquiry form

1300 655 232
(within SA only)

Authorised by M.Sherry
Electoral Commissioner

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