Candidates

The public funding scheme is optional and if you choose to participate then you will be subject to political expenditure caps. To see a list of participants of the public funding scheme for past state elections visit our public funding page.

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

Who can apply?

Unendorsed candidates and unendorsed groups of candidates may apply for public funding.

Registered political parties may apply for public funding on behalf of their endorsed candidates and groups.

Lodging a certificate to participate in the scheme

Parties, groups and candidates who wish to participate in the public funding scheme must lodge a section 130Y certificate. Once lodged, certificates cannot be withdrawn.

If a person lodges a certificate and then does not nominate as a candidate or, in the case of a party, does not endorse a candidate in an electoral district, then the certificate is considered of null effect for that person or for that particular electoral district.

The 130Y certificate can be downloaded on our funding and disclosure forms page.

General election timeframes

Unendorsed members of parliament and unendorsed groups who have at least one member of parliament must lodge their certificates 24 months before polling day for a general election in which they intend to nominate.

Registered political parties must lodge their certificate 24 months before polling day for a general election. Parties can lodge a certificate on behalf of candidates and groups for each electoral district they wish to contest even if they do not yet know the identity of the candidates.

Unendorsed candidates who are not members of parliament and unendorsed groups who do not have at least one member of parliament must lodge their certificates for a general election by 5 pm on the first day of the capped expenditure period. The capped expenditure period for a general election commences on 1 July in the year before the election.

For a new candidate or group whose disclosure period commences after the commencement of the capped expenditure period, they must lodge their certificate by 5 pm on the day their disclosure period commences.

• For a new candidate, their disclosure period will either commence on the day they announce their intention to stand as a candidate for the election or on the day they nominate (whichever is earlier).
• For a group, their disclosure period will commence on the day they lodge their section 58 application to be grouped on the ballot paper. 

See sections 130Y(2)(b) and 130ZF(5)(a)(iv) of the Electoral Act.

By-election

In the case of an election caused by a vacancy in the House of Assembly, candidates, groups and parties must lodge their certificate by 5 pm on the day on which the capped expenditure period commences. The capped expenditure period for a by-election will commence on the day on which the vacancy is announced by, or on behalf of, the Speaker. For groups and new candidates whose disclosure period commences after the commencement of the capped expenditure period, they must lodge their certificate by 5 pm on the day their disclosure period commences.

Expenditure caps

Once a candidate, member of parliament, group or party has lodged a certificate under section 130Y to opt-in to the public funding scheme, they are subject to limits on political expenditure during the capped expenditure period. Penalties apply if you exceed your applicable expenditure cap. For more information see political expenditure caps in the drop-down list below.

Capped expenditure period return

A capped expenditure period return must be lodged within 60 days of polling day. The Electoral Commission will use the information disclosed in these returns to determine the amount of public funding payable. For more information see reporting political expenditure in the drop-down list below.

Qualifying for payment

To qualify for a payment of public funding: 

A candidate must:

• be elected, or
• receive a total number of eligible votes of at least 4% of the total primary votes.

A group must:

• have a group member elected, or
• receive a total number of eligible votes of at least 4% of the total primary votes.

An eligible vote is a first preference vote on a formal ballot paper. The total primary votes is the total number of eligible votes cast for the relevant electoral district (section 130Q).

Funding entitlement

Funding is calculated on a per vote basis. There are 2 different types of funding entitlements: standard and tapered.

The standard entitlement is $3.00 (indexed) for each eligible vote.

The funding calculation for the tapered entitlement scheme is as follows:

• $3.50 (indexed) for each eligible vote received that falls within the first 10% of the total primary vote; and
• $3.00 (indexed) for each eligible vote received in excess of 10% of the total primary vote.

See section 130P of the Electoral Act.

The tapered entitlement scheme applies to:

• Endorsed candidates where the party has no member of parliament.
• Endorsed groups where the party has no member of parliament.
• Unendorsed candidates who are not a member of parliament.
• Unendorsed groups.

Funding payable

In calculating your payment, the Electoral Commissioner will first determine the amount of your potential entitlement based on votes received, and then reduce the amount for any excess expenditure. If you exceed your political expenditure cap, your entitlement is reduced by $20 for every $1 you have spent in excess of your capped political expenditure limit (section 130Q(4)).

You cannot be paid more than your actual expenditure (section 130Q(5)(d)). Therefore, the amount of public funding paid is the lesser of either:

• the potential entitlement calculated (less any penalties); or
• the amount of political expenditure you incurred (as disclosed in your capped expenditure period return).

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

What is an agent?

An agent is a person appointed by a registered political party, candidate, group of candidates, or third party to manage their obligations under Part 13A.

An agent must be a natural person who has attained 18 years of age. A person is not eligible to be an agent if they have been convicted of a prescribed offence (section 130G(3)).

For more information see obligations of a candidate in the drop-down list below.

Who needs an agent?

All registered political parties must appoint an agent. If a registered political party has endorsed:

• a candidate, or
• all members of a group,

then the party agent is also the agent of the candidate or group, as the case may be.

An unendorsed candidate, an unendorsed group, or a third party may appoint an agent.

If an unendorsed candidate does not appoint an agent, they are their own agent.

If an unendorsed group does not appoint an agent, then the candidate whose name appears first on the ballot papers is the agent for the group.

If a third party does not appoint an agent, and the third party is a natural person, then they are the agent. In any other case, each member of the executive committee is the agent.

How to appoint an agent

The agent must be appointed in writing. The appointment must include the name and address of the proposed agent and a signed form of consent and declaration by the proposed agent that they are eligible for appointment.

Candidates, groups and third parties are not permitted to change their agent after close of nominations. Your agent as at the close of nominations will be your agent for the duration of the election. Only registered political parties may change their agent after the close of nominations (section 130G(4)).

Please visit our funding and disclosure forms page to download an agent appointment form.

Terminating an agent's appointment

Revoking an appointment

A registered political party may only revoke an agent's appointment if they also give a notice of appointment of another agent.

An unendorsed candidate, unendorsed group or third party may revoke an agent's appointment by giving the Electoral Commissioner notice in writing.

Resignation

An agent may resign from their appointment as an agent by giving the Electoral Commissioner notice in writing. The appointing person or body must, without delay, advise the Electoral Commissioner in writing of an agent’s resignation. In the case of a registered political party, they must also provide a notice of appointment of another agent.

Termination due to conviction of offence

An agent's appointment is terminated if, subject to the appeal process, the agent is convicted of a prescribed offence. If the person is the agent of a registered political party, the party must give notice to the Electoral Commissioner of the replacement agent within 28 days of the conviction, or within 28 days of the appeal being determined.

Death

If an agent dies then the appointing person or body must advise the Electoral Commissioner in writing without delay.

In the case of a registered political party, they must provide a notice of the death and appoint another agent within 28 days of the agent’s death.

For more information, see section 130I of the Electoral Act.

Forms to give notice of revocation of an agent appointment, or the resignation, conviction or death of an agent can be obtained from our funding and disclosure forms page.

This information is for groups and candidates, including members of parliament seeking re-election.

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

Reporting gifts and loans

Candidates and groups of candidates must lodge campaign donations returns to report gifts and loans.

If you are a member of a group, in addition to the group campaign donations returns, you must also lodge candidate campaign donations returns to report gifts and loans received by you as an individual candidate. However, please note that a gift or loan made to a member of a group is taken to be a gift or loan to the group if it was made for the benefit of all members of the group (section 130A(5)(a)).

The agent is responsible for lodging campaign donations returns.

Gifts

Gifts of more than $5,000 (indexed) received during the disclosure period must be reported to the Electoral Commissioner.

See our glossary page for the definition of a gift.

Two or more gifts with an amount or value of more than $200 received from the same person during the disclosure period will be treated as one gift (section 130ZF(5)(d)).

Loans

Loans of more than $5,000 (indexed) received during the disclosure period must be reported to the Electoral Commissioner.

Two or more loans of more than $1,000 received from the same person during the disclosure period will be treated as one loan (section 130ZF(5)(d)).

Disclosure period

The disclosure period for each election is different for each type of candidate. Refer to section 130ZF(5)(a) for more information.

Not a new candidate

If you are not a new candidate, your disclosure period starts 30 days after the last election for which you were a candidate and ends 30 days after polling day. Your first disclosure period starts on 1 July 2015, when Part 13A came into effect.

New candidate

If you are a new candidate, your disclosure period starts either on the day you announce your intention to be a candidate for the election, or on the day you nominate to be a candidate (whichever is earlier). It ends 30 days after polling day.

Group

If you are a group of candidates, your disclosure period starts on the day on which you applied under section 58 to have your names grouped together on the ballot paper. It ends 30 days after polling day.

Lodging returns

The first campaign donations return must be lodged within 30 days of the start of the designated period. The second return is due within 5 days of the end of the period commencing from the start of the designated period and ending 30 days after the start of the designated period. Following this are the high-frequency lodgements: returns must be lodged for every 7 day period until 30 days after polling day. You must lodge these returns within 5 days of the end of each 7 day period.

Refer to section 130ZF(5)(c) for more information.

The Electoral Commissioner will provide return lodgement schedules and return forms for candidates and groups to complete to fulfil their reporting obligations.

Information required

Returns must set out details of gifts and loans of more than $5,000 (indexed) received by a candidate or group during the disclosure period. The details which must be provided include:

• Amount or value of the gift or loan.
• Date received.
• Name and address of person or entity who made the gift or loan.

Prescribed particulars

Regulation 22 of the Electoral Regulations 2009 prescribes additional details which are required to be provided in the case of a gift or loan received from a trust, company or an association. You must provide the names of all trustees, members of the board or executive committee.  For body corporate donors, you have the additional obligation to provide the names of any related bodies corporate. For more information, please refere to our prescribed particulars guide (PDF, 132KB).

Audit certificates

You are required to provide an audit certificate for every return lodged with the Electoral Commissioner (section 130ZV).

For campaign donations returns relating to the designated period of an election, you are only required to lodge 2 bulk audit certificates:

• The first audit certificate must be lodged 7 days before polling day to cover all returns lodged up to that date.
• The second audit certificate will cover all the remaining campaign donations returns. The second audit certificate must be lodged on the day the last campaign donations return is due.

You may apply for a waiver of the requirement to provide an audit certificate if:

• The return is a nil return.
• The costs of compliance with the audit certificate requirement would be unreasonable.

Offences

Failing to lodge a return within the legislated timeframe is an offence for which the maximum penalty is $5,000.

Lodging a return which a person knows is false or misleading in a material particular is an offence for which the maximum penalty is $10,000.

For more information, refer to section 130ZZE of the Electoral Act.

Record keeping

In addition to return lodgement obligations, there are also record keeping obligations. See the records and evidence section below for more information.

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

Candidates and agents

Unendorsed candidates may appoint an agent to manage their funding and disclosure obligations. The deadline for appointing an agent is at the close of nominations.

For candidates endorsed by a registered political party, the party’s agent is also the candidate’s agent.

For further information see appointing an agent in the drop-down list above.

Summary of candidate obligations

The following list is a brief summary of your obligations. You must:

• Operate a state campaign account.
• Record information about your gifts of $200 or more and loans of $1,000 or more.
• Lodge campaign donation returns to disclose gifts and loans greater than $5,000 (indexed).
• Lodge expenditure returns to report your political expenditure if you have spent more than $5,000 (indexed).
• Provide audit certificates with all returns lodged.

You will be subject to additional obligations if you opt-in to the public funding scheme.

State campaign account

You must operate a state campaign account into which you must deposit all gifts and from which you must pay all political expenditure (sections 130K, 130L, and 130N).

Record keeping

You must keep records of gifts of $200 or more and loans of $1,000 or more received during the disclosure period (sections 130ZJ and 130ZK). For more information see the records and evidence section below.

Disclosure period

The disclosure period differs depending on the type of candidate. See our glossary page for the definition of a disclosure period for the different types of candidates.

Campaign donations returns

A campaign donations return sets out details of all gifts and loans you have received with an amount or value of $5,000 (indexed) or more.

Campaign donations returns are only required to be lodged during the designated period of an election. The first campaign donations return is due within 30 days of the start of the designated period.
 
For more information see campaign donations returns section above.

Reporting political expenditure

If you have incurred more than $5,000 (indexed) in political expenditure during the capped expenditure period, you must lodge a capped expenditure period return within 60 days after polling day.

If you have incurred more than $5,000 (indexed) in political expenditure during a financial year, you must lodge an annual political expenditure return within 12 weeks after the end of the financial year (section 130ZQ).

For more information see reporting political expenditure section below.

Audit certificates

You are required to lodge an audit certificate for every return furnished to the Electoral Commissioner (section 130ZV).

Public funding scheme

If you wish to access the public funding scheme you must do the following:

• Lodge a section 130Y certificate. Once a certificate has been lodged it cannot be withdrawn. By lodging a 130Y certificate, you agree to be subject to capped limits on your political expenditure. The capped limits are listed in the political expenditure caps section below.
• Lodge a capped political expenditure return within 60 days of polling day.
• Meet the payment qualification threshold.

For more information see applying for public funding section above.

This information is about the political expenditure caps that apply under the public funding scheme. For further information about the public funding scheme, choose the drop down option above.

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

Applicable expenditure caps

If a candidate, group or party has lodged a certificate under section 130Y to opt-in to the public funding scheme, they are subject to limits on their political expenditure during the capped expenditure period.

The applicable expenditure caps for candidates, groups and parties vary.

Unendorsed candidates

For an unendorsed House of Assembly candidate, the cap is $100,000 (indexed).

For an unendorsed group of Legislative Council candidates, the cap is $500,000 (indexed).

For an unendorsed Legislative Council candidate who is ungrouped, the cap is $125,000 (indexed).

Registered political parties and their endorsed candidates

For a registered political party that endorses candidates for the Legislative Council only, the cap is $500,000 (indexed). Endorsed Legislative Council candidates do not have their own caps. Their political expenditure is deemed to be political expenditure of the registered political party.

A registered political party that endorses candidates for election in House of Assembly districts is allocated $75,000 (indexed) for each district in which they endorse a candidate. The party must, by agreement with the candidates, allocate a portion of this cap to each candidate. The amount allocated to each candidate cannot exceed $100,000. The agent of the party must provide the Electoral Commissioner written notice of any cap allocation agreement at least 8 days before polling day. If no amount is agreed between the party and the candidate, a cap amount of $40,000 is allocated to the candidate by default.

Therefore, the applicable expenditure cap for an endorsed House of Assembly candidate will vary depending on the agreement reached with the party.

If a registered political party, in addition to House of Assembly districts, also endorses candidates for election in the Legislative Council, then the party is allocated an additional $100,000 (indexed) for each Legislative Council candidate, to a maximum of $500,000 (indexed).

Expenditure which relates to the election of a House of Assembly candidate

The party agent must ensure that an endorsed House of Assembly candidate with an applicable expenditure cap only incurs political expenditure which relates to the election of the candidate.

The party agent must also ensure that the party does not incur political expenditure that relates to the election of an endorsed candidate such that the applicable expenditure cap for the candidate is exceeded.

Political expenditure which ‘relates to the election of a candidate’ is expenditure which relates to an electoral district in a House of Assembly election and is for electoral matter that:

• expressly mentions the name of the candidate or the district or displays the image of the candidate, and
• is communicated to electors in the district, and
• is not mainly communicated to electors outside the district.

For more information, refer to section 130ZB.

Capped expenditure period

In a general election, the capped expenditure period starts on 1 July in the year before the election. In the case of any other election, it starts on the day which the vacancy giving rise to the election 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.

Offences and penalties

Agents must ensure that their clients do not exceed their applicable expenditure caps. Failing to comply with this obligation is an offence for which the maximum penalty is $7,500.

In addition, if a person spends in excess of their applicable expenditure cap during the capped expenditure period, their public funding payment will be reduced by an amount equal to 20 times the excess amount.

It is an offence to enter into an arrangement or agreement with a third party to incur political expenditure on your behalf during the capped expenditure period for the purpose of avoiding your applicable expenditure cap. The maximum penalty for this offence is $25,000.

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 (section 107(7)).

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

Record keeping

If you have a document that contains information relating to a matter that has been or should be set out in a return lodged with the Electoral Commissioner, you are required to retain those records for at least 4 years. The 4 year period starts on the day of the election to which the return relates.

 Refer to section 130ZZA for further information.

Recording gifts and loans

A relevant entity, candidate or group is not permitted to receive a gift with an amount or value of $200 or more without recording the name and address of the donor (section 130ZJ).

See our glossary page for the definition of a gift.

A relevant entity, candidate or group is not permitted to receive a loan of $1,000 or more, other than from a financial institution, without recording the terms of the loan and information regarding the name and address of the lender. Section 130ZK(3) outlines the information that must be recorded about the lender.

‘Financial institution’ is defined in section 130ZK(8) as a body which carries on a business that consists of, or includes, the provision of financial services or financial products and which is either an authorised deposit-taking institution (ADI) or  a body prescribed by the regulations.

A ‘loan’ is defined in section 130ZK(8) as meaning any of the following:

• An advance of money.
• A provision of credit or any other form of financial accommodation.
• A payment of an amount for, on account of, on behalf of or at the request of, a person, if there is an express or implied obligation to repay the amount.
• A transaction (whatever its terms or forms) which in substance effects a loan of money.

If credit is provided on a credit card (defined at section 130ZK(8)) in respect of card transactions, the credit is to be treated as a separate loan for each transaction. 

In the case of a gift or loan received from certain types of entities, you must also record the names of all trustees, members of the board or executive committee (as the case may be). For more information, refer to sections 130ZJ and 130ZK.

Gifts and loans of $5,000 (indexed) or less are not required to be disclosed in a return; however, you must still maintain the required records.

Providing evidence

The Electoral Commissioner has powers to require a person to produce documents or appear at a specified time and place to provide evidence. The Electoral Commissioner will issue the person with a formal notice if the person is required to produce documents or give evidence. There is a $5,000 maximum penalty for failing to comply with a notice or providing false or misleading evidence.

Refer to section 130ZZB of the Electoral Act for further information.

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

What is political expenditure?

Political expenditure is defined in section 130A and regulation 18A of the Electoral Regulations 2009. Political expenditure includes the public expression of views on a political party, a member of parliament, a candidate, or an issue in an election.

For more information, refer to our political expenditure guide on our funding and disclosure guides page.

What must be reported

Political expenditure during capped expenditure period

If a candidate, group, or registered political party incurs more than $5,000 (indexed) of political expenditure during the capped expenditure period, they must lodge a capped expenditure period return. The return must be lodged within 60 days after polling day (section 130ZQ).

If a candidate, group, or party has lodged a certificate under section 130Y to participate in the public funding scheme, they are subject to limits on their political expenditure during the capped expenditure period. The capped expenditure period return will be used by the Electoral Commissioner to determine whether the participant has adhered to their applicable expenditure cap and to determine the amount of public funding payable. 

Annual political expenditure

If a person incurs, by their own authority, more than $5,000 (indexed) of political expenditure during a financial year, they must lodge an annual political expenditure return.

This return must be lodged within 12 weeks after the end of the financial year. Members of parliament and the Crown are exempt from lodging this return (section 130ZR).

Audit certificates

You are required to provide an audit certificate for every return lodged with the Electoral Commissioner (section 130ZV).

You may apply for a waiver of the requirement to provide an audit certificate if the costs of compliance would be unreasonable.

Offences

Failing to lodge a return within the legislated timeframe is an offence. The maximum penalty for a registered political party agent is $10,000. For any other person, the maximum penalty is $5,000.

Lodging a return which a person knows is false or misleading in a material particular is an offence for which the maximum penalty is $10,000.

For more information, refer to section 130ZZE of the Electoral Act.