Third parties

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Definition

Under the Electoral Act 1985 (the Act), a third party is defined as:

A person or entity other than:

  • a member of parliament (House of Assembly or Legislative Council)
  • a government or public sector agency
  • a registered political party, candidate, or group
  • a broadcaster or datacaster
  • a publisher of a journal (including online publications).

who either:

  • incurs or intends to incur more than $10,000 in political expenditure during the designated period in relation to an election; or
  • incurred more than $10,000 in political expenditure during the designated period in relation to the last preceding general election.

Appointing an agent

A third party may appoint a person to act as their agent for electoral purposes, including managing political expenditure and disclosure obligations.

If no agent is appointed:

  • If the third party is an individual, they are automatically considered their own agent.
  • If the third party is an organisation or group, each member of its executive committee is treated as the agent. Each member is individually responsible for complying with the Act.

👉 See our agents page for details on how to appoint an agent, including eligibility and process requirements.

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State campaign accounts

Third parties must establish a state campaign account if they receive funds that must be deposited under the Act, such as:

  • Electoral donations
  • Public funding payments
  • Funds for political expenditure or reimbursement.

👉 See state campaign accounts for details.

Registration of third parties

Third parties intending to spend more than $10,000 on political expenditure during a designated election period must be registered with the Electoral Commissioner. The register lists all third parties registered under Division 8A of the Act. The register becomes active at the commencement of the capped expenditure period for an election and is published on this website.

  • Registration is mandatory before incurring political expenditure above the threshold.
  • The register of third parties is maintained and published by the Electoral Commissioner.
  • Applications must be submitted by the third party’s agent or authorised person, using the approved form.
  • Agents must notify any changes to registration details within 30 days.
  • The Electoral Commissioner may vary or cancel registrations, but cancellation does not remove the obligation to lodge returns for active periods.

👉 View the current register of third parties.

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Disclosure obligations

Donations to third parties

Under section 130ZHA of the Act, individuals who donate to third parties may have legal obligations to report those donations.

Reporting obligations

Any person who makes electoral donations totalling more than $1,000 to a third party within a financial year must submit a return to the Electoral Commissioner.

This requirement also applies to donations made indirectly, for example, through another person or organisation, if the donation is intended to benefit a specific third party. In such cases, the donation is treated as having been made directly to that third party.

Information required

The return must include:

Details of donations made:

  • For donations over $1,000: amount, date, and other prescribed details.
  • For smaller donations: total value and number of recipients

Details of donations received (used to fund or reimburse the donations made):

  • For donations over $1,000: amount, date, and other prescribed details.
  • For smaller donations: total value and number of donors.
Lodgement timeframes

Returns must be submitted at the following times:

Outside election periods:

  • Donations made on or after 1 January: return due within 30 days of 30 June.
  • Donations made on or after 1 July: return due within 30 days of 31 December.

During designated election period:

  • Return due within 7 days after the end of the designated period.
Responsibilities of third-party agents

If a third party receives a donation that requires a return, the agent of the third party must notify the donor of their obligation to lodge a return under the Act.

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Third-party returns

Under section 130ZP of the Act, third parties must lodge regular disclosure returns with the Electoral Commissioner. These returns provide transparency around donations received and debts incurred for electoral purposes.

Information required in the return

Each return must include:

Electoral donations received:

  • Total amount of all donations received during the reporting period.
  • Number and total value of donations $1,000 or less.
  • Full details of each donation over $1,000, including:
    • Amount
    • Date received 
    • Donor's name and address.

Debts incurred for electoral purposes:

  • Total amount of outstanding debts at the end of the reporting period.
  • Number and total value of debts $1,000 or less.
  • Full details of each debt over $1,000, including:
    • Amount
    • Date incurred
    • Creditor's name and address
Reporting periods

Third-party returns must be lodged for the following periods:

Outside election periods: 

  • 1 January to 30 June
  • 1 July to 31 December

During designated election period: 

  • Every 30-day period from the start of the designated period until 30 days after polling day.
  • A final period covering any remaining days up to 30 days after polling day.
Deadlines for lodging returns

For periods outside the designated election period:

Outside the designated election period: Returns must be lodged within 30 days of the end of each period.

During the designated election period: Returns must be lodged within 5 days of the end of each period.

Additional notes
  • Multiple donations from the same person in a financial year are treated as a single donation for reporting purposes.
  • If a third party has already submitted an associated entity return for the same period, they are not required to submit a third-party return.

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Political expenditure returns

Third parties involved in political campaigning in South Australia must disclose political expenditure and related funding through formal returns to the Electoral Commissioner. These requirements apply both during election periods and annually.

Expenditure returns during the capped expenditure period

(section 130ZQ)

If a third party incurs more than $5,000 in political expenditure during the capped expenditure period for an election, they must lodge an expenditure return.

The return must include:

  • Details of all political expenditure incurred.
  • Whether any expenditure was made under an agreement or arrangement with a person covered by Division 6 (e.g. certain regulated entities), and details of that arrangement.

Deadline: The return must be lodged within 60 days after polling day.

Annual returns

(section 130ZR)

If a third party incurs more than $5,000 in political expenditure during a financial year, they must lodge an annual return.

The return must include:

  • Details of all political expenditure incurred.
  • Whether any expenditure was made under an agreement or arrangement with a person covered by Division 6 (e.g. certain regulated entities), and details of that arrangement.

Note: This return does not need to include expenditure already reported under section 130ZQ.

Deadline: The return must be lodged within 12 weeks after the end of the financial year.

Annual returns for amounts received for political expenditure

(section 130ZS)

If a third party is required to lodge a return under section 130ZQ or 130ZR, and they received any amount over $1,000 used to fund or reimburse political expenditure, they must also lodge a return of amounts received.

The return must include:

  • Value and date of each amount received.
  • Name and address of the person who provided the amount.

Note: Multiple amounts from the same person during the year are treated as a single amount.

Deadline: The return must be lodged within 12 weeks after the end of the financial year.

Audit certificates

An audit certificate must accompany each return. During election periods, only 2 bulk certificates are required:

  • One lodged 7 days before polling day
  • One lodged on the final return due date.

You may apply for a waiver if compliance costs are unreasonable.

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Offences and penalties

Third parties must comply with all obligations under Part 13A of the Act. Failure to do so may result in offences and legal penalties, as outlined in section 130ZZE and Regulation 40 of the Electoral Regulations 2024.

Failure to lodge required returns

Not submitting half-yearly, election period, or audit cerficates within the required timeframe is an offence.

Providing false or misleading information

Knowingly submitting incorrect or incomplete information in a return is a serious offence.

Failure to appoint an agent

If no agent is appointed, a third party (or its executive committee members) is deemed responsible. Non-compliance may result in penalties.

Failure to maintain a state campaign account

If a third party receives funds that must be deposited into a campaign account and fails to do so, this may breach the Act.

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