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.