Glossary

The descriptions of terms in this glossary are for quick reference only. This glossary is not to be substituted for the formal definitions found within the legislation. Refer to Part 13A of the Electoral Act 1985.

ACNC registered entity
Any organisation that is registered under the Australian Charities and Not-for-profits Commission Act 2012 (Cth).

Administrative expenditure is defined under section 130A as:

• Any expenditure related to the administration, operation, or management of a registered political party (whether in relation to State activities of the party or otherwise); or
• The administrative or operational expenditure of a non-party member.

Agent is defined as a person who is responsible for ensuring that a registered political party, candidate, group of candidates, third party, or associated entity complies with its funding and disclosure obligations.

An agent must:

• Be a natural person who is at least 18 years of age.
• Not have been convicted of a prescribed offence under:
  • Part 13A of the Electoral Act 1985
  • Part 20 of the Commonwealth Electoral Act 1918, and
• Be formally appointed in accordance with the requirements of section 130G(3).

Appointing person or body
The registered political party, candidate, group, or third party that appoints a person to act as its agent.

Associated entity
An associated entity, as defined under section 130A, is an entity that has any of the following relationships with a registered political party:

• It is controlled by one or more registered political parties.
• It operates to a significant extent for the benefit of one or more registered political parties.
• It is a financial member of, or on whose behalf another person is a financial member of, a registered political party.
• It has voting rights in, or on whose behalf another person has voting rights in, a registered political party.

Auditor
A person who:

• Has the necessary qualifications or experience; and
• Has not been a member of a registered political party at any time in the past 10 years.

Campaign donations return
A report that must be lodged with the Electoral Commissioner by the agent of each entitled candidate or entitled group in an election, at the prescribed times and in a form approved by the Commissioner. 

The return must include:

• For donations or loans over $1,000 – prescribed details of each donation or loan received during the disclosure period.
• For other donations or loans – the total value received and the number of donors or lenders.

A return does not need to include details of a donation or loan if it was given to a candidate in a private capacity for personal use and is not used for election purposes.

Capped expenditure period
The capped expenditure period is defined as:

• For a general election: from 1 July in the year before the election until 30 days after polling day.
• For all other elections: from the day the vacancy is announced by, or on behalf of, the Speaker of the House of Assembly until 30 days after polling day.

Applicable expenditure caps are set out in section 130Z of the Electoral Act 1985.

CPI
Means the Consumer Price Index

All groups index for Adelaide; the All Groups Consumer Price Index (CPI) for Adelaide is published by the Australian Bureau of Statistics (ABS) and measures inflation — that is, how the overall cost of living for households in Adelaide changes over time.

Designated participant
A designated participant is anyone who is formally allowed to take part in election funding and disclosure — this can be a political party, a candidate, a group of candidates, or a third party.

Designated period

For a general election — the period starting on 1 January in the year of the election and ending 30 days after polling day; or

For any other election — the period starting on the day the vacancy is announced in the House of Assembly by (or on behalf of) the Speaker and ending 30 days after polling day.

Disclosure period
The disclosure period in section 130ZF(5)(a) is the time frame in which donations or loans must be reported in a campaign donations return.

It varies depending on whether the person is a new candidate, an existing candidate, or an entitled group:

• New candidate
  • Starts: the earlier of
    • the day the person announced they would be a candidate, or
    • the day they were formally nominated.
  • Ends: 30 days after polling day for the election.
• Not a new candidate (stood in the previous election)
  • Starts: 30 days after polling day for the last election in which they were a candidate.
  • Ends: 30 days after polling day for the current election.
• Entitled group
  • Starts: the day the members of the group applied under section 58 to have their names grouped on the ballot paper.
  • Ends: 30 days after polling day for the election.

The disclosure period for all candidates (and groups) will end 30 days after polling day for the election.

Disposition of property
Any conveyance, transfer, assignment, settlement, delivery, payment or other alienation of property. 

It includes:

• the allotment of shares in a company.
• creating a trust in property.
• granting or creating a lease, mortgage, charge, easement, licence, power, partnership, or other interest in property.
• releasing, discharging, surrendering, forfeiting, or abandoning (at law or equity) a debt, contract, right of action, or interest in property.
• exercising a general power of appointment of property in favour of another person.
• any transaction intended to reduce the value of a person’s own property and increase the value of another’s property.

Donation
A donation is anything of value given to a person, candidate, group, or party, without full payment in return (or for less than its real value).

It includes:

• Money, goods or property given without full payment in return
• Services provided for free or below cost (but not voluntary labour or unpaid professional services)
• Party membership or affiliation fees (over $250 per year)
• Transfers of property from a political party, party branch, or associated entity
• Payments for guarantees
• Payments to attend fundraising events

It does not include:

• Party membership fees of $250 or less per year
• Levies paid as part of party membership
• Public funding payments under the Electoral Act
• Electorate allowances, expenses or benefits set by the Remuneration Tribunal
• Parliamentary allowances and benefits under the Parliamentary Remuneration Act 1990
• Transfers from a political party to its nominated entity
• Free broadcasting services provided by non-commercial broadcasters
• Commercial payments (e.g. interest, dividends)
• Event/function payments that only cover actual costs (venue, food, drinks)

Electoral donation
An electoral donation is money, goods, or property given to a political party, group, MP, candidate, or third party when it is meant to support election campaigns or political activities.

Electoral loan
An electoral loan is any loan used to support election campaigns or political work. Even if it wasn’t originally meant for that, once the money is used for campaigning, it becomes an electoral loan.

Eligible vote
Means a first preference vote on a formal ballot paper in an election.

Entitled candidate
An independent candidate (not endorsed by a party) who is not already a sitting member of Parliament when the election is called.

Entitled group
A group of independent candidates running together in an election.

• They cannot include any candidate endorsed by a registered political party.
• They also cannot include a candidate who was already a sitting member of Parliament when the election was called.

Entitled registered political party
A political party that is formally registered under the Electoral Act but does not have any members who are sitting MPs.

This also excludes a party where, in relation to an election:

• one or more members were MPs at the time of the dissolution of Parliament (general election), or
• one or more members were MPs at the time of the vacancy that caused a by-election.

Entity
An entity is any organisation, group, or trust.

Expenditure caps
Limitations on political expenditure apply to:

• A registered political party
• A candidate
• A group; or
• A third party.

Financial controller
The person in charge of an organisation’s financial records — this could be a company secretary, a trustee, or whoever manages the books.

Financial institution
A body that provides financial services or financial products and is either:

• an Authorised Deposit-taking Institution (ADI), such as a bank, building society, or credit union; or
• another body prescribed by the regulations.

Financial member
A person who either pays membership fees to a political party or is recognised as a financial member under the party’s rules.

Foreign entity
Any person or organisation that meets one or more of the following:

• A body politic of a foreign country or part of a foreign country.
• A part of a body politic described above.
• A foreign public enterprise as defined in section 70.1 of the Criminal Code Act 1995 (Cth).
• A body (incorporated or unincorporated) that does not meet all these conditions:
  • Incorporated in Australia
  • Head office in Australia
  • Principal place of activity in Australia
• An individual who is none of the following:
  • An elector in Australia
  • An Australian citizen
  • An Australian resident
  • A New Zealand citizen holding a Subclass 444 (Special Category) visa (or its replacement if the subclass ceases to exist).

Group
A group means 2 or more candidates who are nominated for election to the Legislative Council and who have applied under section 58 of the Electoral Act to have their names shown together in a column on the ballot paper.

Loan
An advance of money, credit, or other financial help that must be repaid, except if it comes from a financial institution or from a political party to its own nominated entity.

Note: Loans from banks and similar institutions are not considered electoral loans.

A person standing for election who has not been a candidate in a previous election within a set time frame:

• House of Assembly election: not a candidate in the last 5 years
• Legislative Council election: not a candidate in the last 9 years

Refer to section 130ZF(5)(b) of the Electoral Act 1985.

Nominated entity
An organisation listed on the Register of Nominated Entities as being linked to a registered political party.

Non-party member
A Member of Parliament who does not belong to a registered political party.

Money spent to publicly promote views about parties, candidates, members of Parliament, election issues, political material, or election-related research.

It does not include: GST, MP allowances/benefits, administration or policy development costs, normal staffing costs, or any other category the law specifically excludes.

Prescribed administrative expenditure

A one-off payment of administrative funding is available to certain non-party members and registered political parties to cover prescribed administrative expenditure incurred in complying with the Part 13A of the Electoral Act.

Eligibility:

1. Non-party members:
   • Must be a member of Parliament at the commencement of this section.
   • Their agent must submit a claim to the Electoral Commissioner detailing the prescribed administrative expenditure.
2. Registered political parties:
   • Must be entitled to administrative funding under section 130U and have received a half-yearly entitlement payment.
   • Their agent must submit a claim to the Electoral Commissioner detailing the prescribed administrative expenditure.

What counts as prescribed administrative expenditure?

• For non-party members: spending incurred before the prescribed date to comply with Part 13A (can be before or after commencement).
• For registered political parties: same as above but does not include expenditure already claimed under section 130U(1)(c) for a half-yearly entitlement to special assistance funding.

Prohibited period
For an election, in relation to a recontesting participant, the prohibited period is the time frame that:

• Starts: at the beginning of the capped expenditure period for the participant in that election.
• Ends: 30 days after polling day for the election.

Property
Includes money.

Recontesting participant
For an election, a recontesting participant is an entitled registered political party, entitled candidate, or entitled group that chooses to be treated as a recontesting participant by lodging a certificate under section 130PF for that election.

Register of nominated entities
A public list kept by the Electoral Commissioner that records:

• the name and address of each nominated entity,
• the political party it belongs to, and
• any other details required by regulation.

The register must be published on the Electoral Commission’s website.

Registered industrial organisation
An organisation registered under the Fair Work Act 1994 or under similar workplace/industrial relations laws of the Commonwealth, another State, or a Territory.

Registered political party
A political party registered under Part 6 of the Electoral Act 1985.

Regulated designated participant
A regulated designated participant is any of the following:

• An entitled registered political party
• An entitled candidate
• An entitled group
• A third party (excluding an ACNC registered entity)

Relevant entity
A relevant entity is any of the following: