Parties and Candidates

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Definition 

A nominated entity is an organisation formally appointed by a registered political party to act on its behalf in relation to its financial or administrative activities.

Under the Electoral Act 1985 (the Act), each political party may appoint up to 2 nominated entities, provided they meet the eligibility criteria set out in the Act. These criteria relate to the entity's legal status, governance, and its formal relationship with the party.

Eligibility criteria

Under Division 2A of the Act, an organisation can only be appointed as a nominated entity if it meets the eligibility requirements. An entity is ineligible if any of the following apply.

  • It is not an associated entity of the political party.
  • It is already a nominated entity of another political party.
  • The entity, or any of its officers (as defined in the Corporations Act 2001), has been convicted of offences under this Act or under Part 20 of the Commonwealth Electoral Act 1918.
  • The political party has already appointed 2 other nominated entities.

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Appointment and registration process

Under Division 2A of the Act, the appointment of a nominated entity follows a formal process:

  • Party's agent provides written notice to the Electoral Commissioner.
  • Supporting documents are submitted, including a declaration of eligibility.
  • Appointment takes effect once details are entered into the register.

Revocation and removal

  • Appointment may be revoked by the party's agent.
  • A nominated entity may resign by written notice.
  • The Electoral Commissioner must remove an entity if it ceases to be associated or if convictions apply.
  • Removal from the register automatically ends the appointment.

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Register of nominated entities

The register is published online by the Electoral Commissioner and includes:

  • The name of each nominated entity
  • The address of the entity
  • The political party it is associated with.

This register promotes transparency and accountability in political party operations, particularly in relation to financial disclosures and campaign expenditure.

Political party Party address Nominated entity Entity address
Australian Labor Party - SA Branch 141 Gilles Street
ADELAIDE SA 5000		 ALP Holdings Pty Ltd 141 Gilles Street
ADELAIDE SA 5000
Liberal Party of Australia (SA Division) Level 1, 104 Greenhill Road
UNLEY SA 5061		 The Liberal Foundation Inc. Level 1, 104 Greenhill Road
UNLEY SA 5061

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Details

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.

* 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

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.

Details

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.

Details

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Definition

Under the Electoral Act 1985 (the Act), an associated entity is any entity that meets one or more of the following criteria:

  • It is controlled by one or more registered political parties
  • It operates wholly or significantly for the benefit of one or more registered political parties
  • It is a financial member of a registered political party or has someone acting on its behalf who is
  • It has voting rights in a registered political party or has someone acting on its behalf who has.

Exclusion: Registered industrial organisations or entities wholly comprised of them are not considered associated entities.

Note: An associated entity is also considered a third party under the Act if it:

  • Incurs or intends to incur more than $10,000 in political expenditure during the designated period for an election, or
  • Incurred more than $10,000 in political expenditure during the designated period for the last general election.

👉 To register as an associated entity, complete the Associated Entity Details Form.

Appointing an agent

An associated entity may appoint a person to act as its agent for electoral purposes, including managing disclosure obligations. If no agent is appointed, the financial controller of the entity is automatically considered its agent and is responsible for compliance.

👉 See our agents page for details on eligibility and appointment requirements.

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State campaign accounts

Associated entities 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.

Reporting and disclosure obligations

Associated entities must lodge regular disclosure returns with the Electoral Commissioner under Part 13A of the Act.

Disclosure Timetable - 2026 State Election 

Half-yearly returns

Returns must be lodged within 30 days of the end of each half-year:

  • 1 January – 30 June
  • 1 July – 31 December.

Election returns

From the start of the designated period to 30 days after polling day:

  • First 30 days
  • Then, each 7-day period until polling day
  • If fewer than 7 days remain before the 30-day post-polling deadline, the final period covers those remaining days.

Returns for each of these periods must be lodged within 5 days of the end of the period.

Information required 

Each return must include:

  • Total receipts received by or on behalf of the entity
  • Prescribed details for amounts over $1,000, including:
    • Amount and date received
    • Name and address of the donor or creditor
  • Additional details for amounts from trusts, companies, or associations:
    • Names of trustees, board members, or related bodies corporate.

Additional disclosure obligations

Associated entities may also be required to submit additional returns under sections 130ZQ to 130ZT of the Act, depending on their political expenditure and funding activities.

Political expenditure during capped expenditure period

(section 130ZQ)

  • Applies if more than $5,000 in political expenditure is incurred during the capped expenditure period.
  • The agent must lodge a return within 60 days after polling day, detailing the expenditure.
  • Third parties must disclose any arrangements with Division 6 entities.

Annual political expenditure returns

(section 130ZR)

  • Applies if more than $5,000 in political expenditure is incurred during a financial year, and the entity is not acting on behalf of the Crown or a member of parliament.
  • Returns must be lodged within 12 weeks after the end of the financial year.
  • Third parties must disclose any relevant arrangements.

Annual returns for amounts received

(section 130ZS)

  • Applies if the entity received any amount over $1,000 used for political expenditure or reimbursement.
  • Returns must include:
    • Value and date of each amount
    • Name and address of the contributor
    • Any other prescribed details
  • Aggregated amounts from the same donor are treated as one.

Related matters

(section 130ZT)

  • Returns must not include party membership lists.

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

Associated entities must comply with all disclosure and reporting 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 returns 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, the financial controller is deemed responsible. Non-compliance by the financial controller may result in penalties.

Failure to maintain a state campaign account

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

Failure to provide prescribed particulars

When reporting donations or loans from associations, trusts, or bodies corporate, the entity must disclose the names of trustees, board members, or related bodies. Failure to do so may breach the Act.

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