Parties and Candidates - Electoral Commission SA

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.

View campaign donation returns*

* 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

Part 8, ss 22-34 of the City of Adelaide Act 1998
Regulation 6 of the City of Adelaide (Elections and Polls) Regulations 2010

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.

Election advertising in South Australia is subject to specific legal requirements, both during and outside of election periods. These rules are set out in Part 13, Division 2 of the Electoral Act 1985 (the Act). Enquiries or issues relating to the placement of signs in the public realm (i.e. height of signs, placement etc) should be directed to the relevant council as these matters are dealt with under the Local Government Act 1999.

Electoral advertisement is defined by the Act as an advertisement containing electoral matter.
Electoral matter is defined by the Act as matter calculated to affect the result of an election.

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

Publication of electoral advertisements

Electoral Act - ss 112(1),(2)

A person must not publish or distribute, or cause or permit to be published or distributed, an electoral advertisement in printed form or through electronic publication on the internet unless:

the name (being the name by which the person is usually known) and address (not being a post office box) of the author, or the person authorising its publication, appears at the end; and
if the advertisement is authorised for a registered political party or a candidate endorsed by a registered political party, the party's name or, if the Register of Political Parties includes an abbreviation of the party's name, that abbreviation appears at the end; and
if the advertisement is authorised for a relevant third party, the relevant third party's name appears at the end; and
in the case of an electoral advertisement that is printed but not in a newspaper, the name and place of business of the printer, appears at the end.

This does not apply to:

a car sticker, T-shirt, lapel button or badge, pen, pencil or balloon; or
an electoral advertisement consisting of a letter or leaflet that carries the signature and the name and address (not being a post office box) of its author and is not printed:
- by a person who carries on the business of printing or a business a significant part of which involves printing; or
- by or on behalf of a person who publishes a newspaper, magazine, periodical or similar publication.

How-to-vote cards

Electoral Act - s 112A

Refer to part 7 of the candidate guide - House of Assembly
Refer to part 6 of the candidate guide - Legislative Council

Certain descriptions not to be used

Electoral Act - s 112B

A person must not publish or distribute an electoral advertisement or a how-to-vote card that identifies a candidate:

by reference to the registered name of a registered political party or a composite name consisting of the registered names of 2 registered political parties; or
by use of the word or set of words containing the word 'Independent'; and
- the name or abbreviation or acronym of the name, of a parliamentary party or a registered political party; or
- matter that so nearly resembles the name, or an abbreviation or acronym of the name, of a registered political party that the matter is likely to be confused with or mistaken for that name or abbreviation or acronym; or
by the use of a word or set of words that could not be, or may not be able to be, registered as the name, or as part of the name, of a political party under Part 6 because of the operation of section 42(3)(b)

unless -

- the candidate is endorsed by the relevant parliamentary party or registered political party; or
- the relevant parliamentary party or registered political party has consented to the use of the relevant name or names or word or words.
a person must not publish or distribute an electoral advertisement or a how-to-vote card that identifies a candidate by use of the word 'Independent' if the candidate is endorsed by a registered party.

Misleading advertising

Electoral Act - ss 113(1),(2),(4)

A person who authorises, causes or permits the publication of an electoral advertisement by any means (including radio or television) is guilty of an offence if the advertisement contains a statement purporting to be a statement of fact that is inaccurate and misleading to a material extent.

If the Electoral Commissioner is satisfied that an electoral advertisement contains a statement purporting to be a statement of fact that is inaccurate and misleading to a material extent, the Electoral Commissioner may request the advertiser to do one or more of the following:

withdraw the advertisement from further publication;
publish a retraction in specified terms and a specified manner and form.

Headings to electoral advertisements

Electoral Act - s 114

If electoral matter is published in written form (whether for sale or without charge) in a newspaper, magazine or other periodical, or in an electronic publication on the internet, the publisher of the matter must ensure the word ‘advertisement’ is included as a headline to each article or paragraph containing the electoral matter.

If the matter is published in a newspaper, magazine or other periodical, the headline must be in letters not smaller than 10 point or long primer.

If the matter is published in an electronic publication, the headline must be in letters of a size that will be readily legible.

Size of electoral advertisements

Electoral Act - s 115
Electoral Regulations - reg 16(a)

No electoral advertisement more than 1 square metre in area can be exhibited on:

a vehicle or vessel; or
a building, hoarding or other structure (for example, fences).

If 2 or more electoral advertisements are placed within one metre of each other, and exhibited on behalf of the same candidate or political party, they will be taken to be a single advertisement.

However, if such advertisements are displayed on different surfaces which interface at an angle of 270º or more, then they are not considered to be a single advertisement (see diagram below - click on picture to view in full screen mode).

NOTE: An electoral advertisement more than 1 square metre in area may be projected on a screen at a theatre (including a drive-in theatre).

There is no restriction on the size of advertisements which exhibit the name of a candidate or a political party if they are displayed at or near an office or committee room of that candidate or political party, however they must not be posted within 100 metres of the entrance to a polling booth.

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.

Key dates for 2024

The following table contains a list of key dates for the lodgement of disclosure returns under Part 13A of the Electoral Act 1985 (Electoral Act). The information can assist participants in complying with their funding, disclosure, and registration obligations for 2024..

Participants should note that when a return is due on a Saturday, Sunday or public holiday, the operation of the Legislation Interpretation Act 2021 will cause the event to be moved to the next date, which is not a Saturday, Sunday, or public holiday. The timetable allows for these changes.

Disclaimer: The information provided in this timetable is general in nature. Users should refer to the specific wording of the Electoral Act and Electoral Regulations and seek independent legal or other advice on any issues of interpretation that may arise. Dates may be subject to change.

Links

Date	Requirement	Responsible entity	Section
Within 7 days of receipt	Special reporting of large gift (a gift with an amount or value in excess of $25,000)	Registered political parties – party agent	130ZI
Tuesday 30 January 2024	Last day to lodge special assistance funding claim (with audit certificate) for period 1 July 2023 to 31 December 2023	Eligible registered political parties with at least 1 MP – party agent	130U(3)
Tuesday 30 January 2024	Last day to lodge registered political party return (total amount received and total outstanding debts incurred by or on behalf of the party with particulars to be provided for amounts received or debts incurred in excess of $6,299	Registered political parties – party agent	130ZN, Regulation 23
Tuesday 30 January 2024	Last day to lodge associated entity return (total amount received by or on behalf of the associated entity with particulars to be provided for gifts or loans in excess of $6,299	Associated entities – financial controller	130ZO, Regulation 23A
Tuesday 30 January 2024	Last day to lodge third party return (total amount received and total outstanding debts incurred by or on behalf of the third party with particulars to be provided for amounts received or debts incurred in excess of $6,299	Third parties - agent	130ZP, Regulation 23
Wednesday 31 January 2024	Last day to lodge donor return for gifts of more than $6,299 to relevant entities (i.e. registered political parties, associated entities, and third parties) made between 1 July 2023 and 31 December 2023	Individual and organisational donors (but not donors who are registered political parties, associated entities or third parties)	130ZH(7)(b)(i)(B)
Tuesday 30 July 2024	Last day to lodge special assistance funding claim (with audit certificate) for period 1 January 2024 to 30 June 2024	Eligible registered political parties with at least 1 MP – party agent	130U(3)
Tuesday 30 July 2024	Last day to lodge registered political party return (total amount received and total outstanding debts incurred by or on behalf of the party with particulars to be provided for amounts received or debts incurred in excess of $6,299	Registered political parties – party agent	130ZN, Regulation 23
Tuesday 30 July 2024	Last day to lodge associated entity return (total amount received by or on behalf of the associated entity with particulars to be provided for gifts or loans in excess of $6,299	Associated entities – financial controller	130ZO, Regulation 23A
Tuesday 30 July 2024	Last day to lodge third party return (total amount received and total outstanding debts incurred by or on behalf of the third party with particulars to be provided for amounts received or debts incurred in excess of $6,299	Third parties - agent	130ZP, Regulation 23
Wednesday 31 July 2024	Last day to lodge donor returns for gifts of more than $6,299 to relevant entities (i.e. registered political parties, associated entities, and third parties) made between 1 January 2024 and 30 June 2024	Individual and organisational donors (but not donors who are registered political parties, associated entities or third parties)	130ZH(7)(b)(i)(A)
Monday 23 September 2024	Annual political expenditure return	Any person or entity who has incurred political expenditure in excess of $6,299 or (for third parties only) $12,598 between 1 July 2022 and 30 June 2023	130ZR
Monday 30 September 2024	Annual return for party registration	Registered political parties – registered officer	43A

Funding and disclosure scheme

Part 13A (the funding, expenditure and disclosure provisions) was inserted into the Electoral Act on 1 July 2015.

Part 13A establishes a funding and disclosure scheme which provides for:

Administrative funding of eligible registered political parties.
Public funding of election campaigns of candidates, groups and registered political parties.
Disclosure of financial information relating to candidates, groups, registered political parties, their associated entities and third parties who engage in campaigning during an election. The financial information is made available for public inspection.

The objects of the funding and disclosure scheme are to:

enhance public confidence in the electoral process by fairly and effectively regulating matters relating to electoral funding, expenditure and disclosure;
to promote integrity and accountability in the electoral process by providing for –
- public funding of elections; and
- caps on political expenditure;
to ensure transparency in political donations;
to promote participation in the electoral process by any elector (including an elector of limited means).

From January 2024, disclosures must be lodged via email to ECSA - This email address is being protected from spambots. You need JavaScript enabled to view it.. All previous returns may be viewed in the public inspection section.

For more information about funding and disclosure, please select a link from the side menu.

Note: within the funding and disclosure pages on this website, any legislative reference is a reference to the Electoral Act, unless otherwise stated.

Disclaimer

The funding and disclosure information on these webpages is intended as a general guide only and should not be substituted for the legislation. You are advised to refer to the legislation and seek your own independent advice if necessary.

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Candidate returns - council elections