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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Overview

The Electoral (Accountability and Integrity) Amendment Act 2024 introduced significant reforms to the Electoral Act 1985 (the Act). These reforms, effective from 1 July 2025, aim to enhance transparency, accountability, and fairness in South Australia's electoral system.

Prohibitions on donations and loans

One of the most significant changes introduced by the reforms is the ban on political donations and loans for electoral purposes. This includes monetary contributions, discounted services, or any support intended to influence electoral outcomes.

However, to ensure fairness and support participation, new parties and candidates, defined under the Act as regulated designated participants, may access public funding up to a set amount, provided they meet eligibility requirements such as registration duration, vote thresholds, and evidence of electoral expenditure.

Electoral donations

• Donations to registered political parties, candidates, MPs, and third parties are prohibited. This includes:
  • Monetary contributions.
  • Discounted goods or services.
  • Any other support intended to influence electoral outcomes.

Note: Levies on MP and staffer salaries are exempt.

Electoral loans

Loans are treated as donations and are generally banned. Exceptions apply only in limited cases, such as:

• Loans from a party’s nominated entity.
• Loans not deposited into a campaign account.
• Loans used solely for administrative costs.

Associated entities

If an associated entity receives a loan, it’s treated as if the political party received it, meaning the same rules apply.

Breaches of these provisions may result in penalties, including fines and deregistration of political parties.

Exceptions for regulated participants

While the reforms prohibit most political donations and loans, regulated designated participants may still receive donations and loans within strict limits. These include individual caps of $5,000 per donor or lender per financial year, and aggregate caps tied to expenditure limits during election periods. All donations and loans must be properly disclosed and managed through registered state campaign accounts.

👉 Learn more about donations and loan limits for regulated participants

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Public funding

As part of the electoral reforms, new public funding arrangements have been introduced to support both registered political parties and eligible candidates.

Administrative funding:

• Designed to support the day-to-day operations of eligible political parties.
• Includes one-off and ongoing payments for costs such as office expenses, staff salaries, and administrative systems.
• Strictly limited to non-political use — funds must not be used for campaigning or electoral activities.

👉 Learn more on our administrative funding page

Advance funding:

• Available to parties participating in general or by-elections.
• Allows access to public funding before election results are finalised.
• Subject to:
  • Certification of eligibility
  • Deduction from future entitlements based on actual performance.

👉 Learn more on our advance funding page

Policy development funding:

• Provides up to $20,000 per year (2026 indexed) to eligible parties
• Intended to support activities such as:
  • hosting policy forums, seminars, and meetings.
  • research and analysis for policy creation.
  • Communicating policy ideas to members and supporters.
• Cannot be used for political or electoral expenditure.
• Claims must be submitted to ECSA within 30 days after the end of the calendar year.

👉 Learn more on our policy development funding page

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State campaign accounts

A state campaign account is a dedicated financial institution account that must be used by political participants in South Australian state elections to manage donations, public funding, and political expenditure. These accounts are required for candidates, groups, registered political parties, and third parties*.

* Third parties only need a state campaign account if they receive amounts that must be paid into one under the Act.

👉 Learn more on our state campaign accounts page

Party registration and eligibility

South Australia's electoral reforms have strengthened the requirements for political party registration to ensure transparency and accountability.

Waiting period

Parties must be registered for at least 8 months before becoming eligible for public funding and other entitlements.

Expanded registration requirements

Parties must provide detailed information about:

• Their internal governance structures.
• Membership rules.
• The appointment of a compliance officer.

Ongoing obligations

Any changes to registration details must be reported to the Electoral Commission of South Australia (ECSA) within 14 days.

Audit powers

The Electoral Commissioner has the authority to audit party activities and documentation to verify compliance.

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Expenditure regulations

To ensure fairness and prevent excessive spending in South Australian elections, the reforms introduced strict controls on political expenditure.

Expenditure caps

Political parties, candidates, third-party campaigners and groups of candidates in the Legislative Council are subject to maximum spending limits during designated periods. These caps apply to all electoral expenditure, including advertising, promotional materials, and campaign events.

Nominated entities

Nominated entities are prohibited from incurring political expenditure. This ensures that campaign spending is transparent and directly attributable to the party or candidate.

Oversight and recovery

ECSA monitors compliance with expenditure caps. If a party or candidate exceeds the permitted limit, ECSA may initiate recovery proceedings to reclaim overspend public funds.

Capped period

The expenditure limits apply during a defined campaign period, which is set by regulation and varies depending on the type of election.

👉 Learn more on our expenditure caps page

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Third party regulation

Third parties that spend more than $10,000 on political activities must register with ECSA, submit financial returns, and comply with audit requirements.

👉 Learn more about third party obligations

Disclosure and compliance

Disclosure and compliance obligations have been strengthened under the 2024 reforms. Political participants must submit detailed financial returns, including nil returns and audit certificates, and comply with new penalties for non-compliance.

👉 Learn more about disclosure and compliance requirements

Agent and entity oversight

Agents play a key role in ensuring compliance with funding and disclosure obligations. Under the reforms, agents must be registered and may be subject to audits. Nominated and associated entities are also required to follow strict rules around financial reporting and campaign expenditure.

More information:

• Agents
• Nominated entities
• Associated entities

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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