Candidate returns - council elections

A person who is a candidate for election to an office of a council must lodge the following returns with the Electoral Commissioner:

CAMPAIGN DONATIONS RETURN - all councils including the City of Adelaide

Candidates (for all councils including the City of Adelaide) must lodge a campaign donations return with the Electoral Commissioner.

Candidates must lodge 2 returns:

For a periodic election:

  • the first campaign donation return must be lodged with the returning officer in the period between 22 to 28 days after the close of nominations
  • the second campaign donation return must be lodged within 30 days after the conclusion of the election.

For any other type of election (supplementary, etc.):

  • the first campaign donation return must be lodged with the returning officer in the period between 8 to 14 days after the close of nominations
  • the second campaign donation return must be lodged within 30 days after the conclusion of the election.

The return must disclose:

  • the total amount or value of all gifts received during the disclosure period
  • the number of people who made those gifts
  • the amount or value of each gift
  • the date on which each gift was made
  • details of persons and organisations (donors) providing those gifts.

The campaign donations return need not set out any details in respect of:

  • a private gift made to the candidate
  • a gift with an amount or value less than $500
  • a gift already disclosed in a large gift return

If a candidate is not required to provide any details in a return, the campaign donations return must still be lodged and include a statement to the effect that no gifts of a kind required to be disclosed were received.

LARGE GIFTS RETURN - all councils including the City of Adelaide

All candidates (for all councils including the City of Adelaide) must lodge a large gifts return if they receive a gift or gifts from a donor in excess of $2,500.

The Acts prescribe different times that the large gifts return must be lodged, but during the election year, a large gift return must be lodged within 5 days of receipt of the large gift.

The return must disclose:

  • the amount or value of each gift received
  • details of persons and organisations (donors) providing those gifts
  • the date on which each gift was made.

Two or more gifts (excluding private gifts) made by the same person to a candidate during the disclosure period are to be treated as one gift.

A large gifts return need not set out any details in respect of a private gift made to the candidate. A gift to a candidate is a private gift if it is made in a private capacity to the candidate for their personal use and the candidate has not used, and will not use, the gift solely or substantially for a purpose related to the election.

Large gifts returns should be lodged with ECSA at This email address is being protected from spambots. You need JavaScript enabled to view it. 

CAMPAIGN EXPENDITURE RETURN - City of Adelaide only

Candidates for City of Adelaide elections must lodge a campaign expenditure return, in addition to any campaign donation return or large gift return.

A campaign expenditure return must be lodged within 30 days of the conclusion of the election and set out all details of campaign expenditure in relation to the election incurred by or with the authority of the candidate.

If a candidate does not incur more than $500 in campaign expenditure, they may lodge a ‘NIL’ return.

The types of expenditure defined as campaign expenditure are set out in section 25(2) of the City of Adelaide Act 1998 and they include items such as:

  • the broadcasting of an electoral advertisement
  • production and display of an electoral advertisement
  • production of material requiring the author or printer of the material to be displayed in accordance with section 27 LGEA 1999
  • consulting and advertising agency fees
  • production and distribution of electoral material.

Disclosure requirements previous elections

Offences

See section 85 of the Local Government (Elections) Act 1999 and section 29 of the City of Adelaide Act 1998. It is an offence to fail to lodge a return within time, to lodge a return containing false or misleading information, or to supply information that is false or misleading to another person for a return. The maximum penalty is $10,000.

Public inspection of returns

The Electoral Commissioner is required to publish all returns within prescribed times on a website maintained by the returning officer. Campaign donation returns and large gift returns disclosed by candidates standing in council election are available on each candidate's online profile.

* The above link will take you to our council elections results site. Each candidate's return is accessed via their profile by selecting the blue button beside the relevant donation return.

Records

See section 89 of the Local Government (Elections) Act 1999 and section 33 of the City of Adelaide Act 1988. A person must take reasonable steps to retain all records relevant to a return and keep these for at least 4 years after the date of which the relevant return is required to be lodged. The maximum penalty is $5,000.

More information

Disclaimer: The information provided above is general in nature. Candidates and others should refer to the specific wording of the Act and Regulations and seek independent legal or other advice on any issues of interpretation that may arise.

Electoral advertising - state elections

On this page:

This page provides guidance on the legal requirements for electoral advertising during South Australian state elections. All candidates, parties, and third-party campaigners must comply with the Electoral Act 1985 (Electoral Act) and associated Electoral Regulations 2024 (Electoral Regulations).

References

Definitions

Electoral Act - Pt 1, s4.

  • Electoral advertisement: An advertisement containing electoral matter.
  • Electoral matter: Matter calculated to affect the result of an election.

Note: The Electoral Commission of South Australia (ECSA) cannot provide legal advice. If you're unsure about your obligations, we strongly recommend seeking independent legal advice.

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Authorisation requirements

All electoral advertising must be properly authorised under sections 112(1) and (2) of the Electoral Act.

  • s112(1): Electoral advertisements must include the name and physical address (not a PO Box) of the person authorising the material.
  • s112(2): Printed material must also include the name and business address of the printer.
  • If applicable, include the name or abbreviation of the political party.

Exceptions: Small items such as stickers, badges, and lapel buttons are exempt.

Compliance note: Failure to include correct authorisation details is an offence.

Maximum penalty: $5,000 for individuals, $10,000 for bodies corporate.

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Restrictions on the display of electoral advertisements

Section 115 of the Electoral Act and the Electoral (Control of Corflutes) Amendment Act 2024.

Size of electoral advertisements
  • Advertisements on vehicles, buildings, hoardings, or structures must not exceed 1 square metre.
  • Advertisements within 1 metre of each other for the same candidate or party are treated as a single advertisement.

Penalty: Up to $5,000.

Prohibited locations
  • It is prohibited to exhibit electoral advertising posters on public roads or road-related areas, including structures, fixtures, or vegetation.

Penalty: Up to $5,000.

Exceptions
  • Posters held by a person (directly or attached to a device).
  • Posters not attached to a structure, displayed at or near a designated event or activity immediately before, during, or after (maximum 6 hours).
  • Posters of a prescribed kind or in prescribed circumstances under regulations.

Compliance note: Significant penalties apply for breaches of size and placement rules under section 115.

Enquiries about the placement of signs in public spaces (e.g. height, location) should be directed to the relevant council, as these matters fall under the Local Government Act 1999.

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Headings on electoral advertisements

Part 13, Division 2 of the Electoral Act.

All electoral advertisements must clearly identify the candidate or party they promote. Headings should not mislead voters about the source or purpose of the advertisement.

Misleading advertising

Under section 113 of the Electoral Act, it is an offence to publish electoral material that contains statements of fact that are inaccurate and misleading to a material extent.

Maximum penalty: $5,000 for individuals, $25,000 for bodies corporate.

The Electoral Commissioner may require withdrawal or publication of a retraction.

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How-to-vote cards

Part 6 of the Electoral Regulations.

How-to-vote cards must comply with authorisation requirements and must not mislead voters. They should clearly indicate the candidate or party issuing the card and follow the official ballot format.

Broadcast media authorisations

Section 112 of the Electoral Act and the 'Guidelines for the broadcast of political matter' (ACMA).

  • Radio advertisements must include a spoken authorisation at the end of the advertisement. This format requirement is governed by federal broadcasting regulations, including the Broadcasting Services Act 1992 and ACMA guidelines.
  • Television advertisements must include both a spoken and a text-based authorisation at the end of the advertisement. Also governed by federal broadcasting regulations.

While section 112 of the Electoral Act outlines the content of the authorisation (i.e., what must be included), the formatting requirements for broadcast media are set by federal law and apply nationally, including in South Australia.

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Digital advertising

Online and social media advertising must comply with authorisation requirements. Paid digital ads may be subject to additional disclosure obligations under the Electoral Act.

Artificial intelligence in electoral advertising

Under sections 115B to 115D of the Electoral Act, it is prohibited to publish or distribute electoral advertising generated by artificial intelligence that falsely depicts a person performing acts they did not do.

Penalty: Up to $10,000 for breaches.

Consent exception: Allowed only if the person depicted has given written consent and the advertisement is clearly labelled as AI-generated.

The Electoral Commissioner may order removal of such ads and require corrective statements.

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Compliance audits

Part 13A of the Electoral Act 1985 allows compliance audits to be undertaken for the purpose of finding out whether participants have complied with the Part.

Indexed amounts

Under the provisions of section 130A(9) of the Electoral Act 1985 , if a monetary amount is followed by the word ‘2026 indexed’, the amount is adjusted on 1 July each financial year.

The table below contains the indexed values for the financial year 2025-26.

Amounts in the Electoral Act 1985
(subject to indexation)		 2025–26 financial year indexed amounts
2026 indexed (effective 1 July 2025)

$5.50

$5.50

$6.00

$6.00

$8.50

$8.50

$9.00

$9.00

$250

$250

$2,500

$2,500

$5,000

$5,000

$20,000

$20,000

$40,000

$40,000

$50,000

$50,000

$55,000

$55,000

$60,000

$60,000

$75,000

$75,000

$85,000

$85,000

$100,000

$100,000

$125,000

$125,000

$245,000

$245,000

$450,000

$450,000

$500,000

$500,000

$800,000

$800,000

 

 

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