Disclosure requirements – council candidates

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Overview

Candidates in South Australian council elections must comply with disclosure requirements for campaign donations and gifts. These rules promote transparency about who supports candidates and how campaigns are funded.

Part 14 of the Local Government (Elections) Act 1999

Key definitions

Gift:

A gift is anything of value given to support a candidate’s election campaign, including money, goods, services or other benefits.

Two or more gifts from the same person during the disclosure period are treated as one gift.

Private gift:

A private gift is one received personally, in a private capacity, for personal use, and not used (or intended to be used) for the campaign. Private gifts do not need to be disclosed.

Donor identification requirements

Record donor details according to the type of donor:

  • Unincorporated association – name of the association; names and addresses of executive committee members
  • Trust fund or foundation – names and addresses of trustees; name/description of the trust or foundation
  • Individual – name and residential address

(These rules apply across special returns, ordinary returns and prohibited gifts.)

Types of returns

There are 2 types of returns under Part 14:

  • Special returns (section 81)
  • Ordinary returns (section 81A)

Candidates also have a separate notification requirement for campaign arrangements or understandings (section 81B).

Special return

A special return is required if a candidate receives a gift of $500 or more during the special disclosure period.

Not required for:
  • private gifts
  • gifts under $500
When to lodge:
  • within 5 days of announcing candidacy or nomination (if the gift was received earlier), or
  • within 5 days of receiving the gift
What to include:
  • amount or value
  • date of gift
  • donor details (see definitions above)
Special disclosure period:

Begins 4 months before the earlier of:

  • announcing candidacy, or
  • lodging nomination

Ends on polling day

Ordinary return

Candidates must lodge a return reporting all gifts received during the disclosure period.

What to include:
  • total amount/value of all gifts
  • number of donors
  • amount/value and date of each gift
  • donor details (see definitions above)
When to lodge:

Within 7 days after the end of the disclosure period.

Not required to include:
  • private gifts
  • gifts under $500
Zero‑return requirement:

If no disclosable gifts were received, a return must still be lodged stating this.

Disclosure period:

Begins 4 months before the earlier of:

  • announcing candidacy, or
  • lodging nomination

Ends 21 days after polling day

Campaign arrangements or understandings (section 81B)

Candidates must notify the returning officer if they agree to:

  • jointly incur expenditure on electoral material, and/or
  • keep campaign gifts of money in the same account

When to notify:

  • within 1 business day of entering the arrangement

What to include:

  • names of all candidates involved
  • any requirements set by the returning officer

Publication:

The returning officer must publish the notice online until 30 days after polling day.

Prohibited gifts (section 82)

A council member, candidate, or person acting for a candidate must not receive a gift of $500 or more unless the donor’s true name and address are known or provided at the time of the gift, and there is no reason to doubt the information.

If a prohibited gift is received:

The recipient must pay an amount equal to the full value of the gift to the Crown.

Completing and amending returns

Inability to complete a return (section 83)

If required information cannot be obtained:

  • complete the return as far as possible
  • lodge it
  • provide a written notice explaining:
    • which return it relates to
    • what information is missing
    • why it cannot be obtained
    • who may be able to provide it (if known)

A return lodged this way is not treated as incomplete.

Amending a return (section 84)

A person may request permission to amend a return to correct an error or omission.

The request must:

  • be in writing
  • be signed
  • be lodged with the returning officer

If satisfied an error or omission exists, the returning officer must amend the return or allow the person to do so. Amending a return does not remove liability for offences relating to the original return.

Offences and compliance

Offences (section 85)

It is an offence to:

  • fail to lodge a required return on time
  • lodge a return or information that is knowingly false or misleading
  • provide false or misleading information to someone preparing a return

Maximum penalty: $10,000

Failure to comply (section 86)

If a return under s 81A is late, the returning officer must notify the person by registered mail.

If the person is a council member and the return remains outstanding after 1 month, the CEO of the council must also be notified.

Failure to comply does not invalidate the election.

Public access to information

Publication of returns (section 87)

The returning officer must:

  • keep copies of all returns at their principal office
  • publish returns online:
    • special returns: within 5 days
    • ordinary returns: within 8 weeks

Returns must remain available for 4 years.

Restrictions on publication (section 88)

A person must not publish:

  • information from a return unless it is a fair and accurate summary published in the public interest, or
  • comment on a return unless it is fair, in the public interest, and not malicious

Maximum penalty: $10,000

Record‑keeping and related matters

Record‑keeping (section 89)

A person must:

  • keep all records needed to complete a return
  • retain them for 4 years after the return’s due date

Maximum penalty: $5,000

Other related provisions (section 90)

  • Regulations may set principles for valuing non‑monetary gifts.
  • Related bodies corporate are treated as one person.
  • Acts of a campaign committee are taken to be acts of the candidate