Parties and Candidates

This page outlines when prescribed details must be provided under South Australia's electoral funding and disclosure laws. For full requirements, refer to the prescribed details guide.

Under the Electoral Act 1985 (the Act) and the Electoral Regulations 2024 (Electoral Regulations), all participants required to lodge electoral returns must include prescribed details to meet their funding and disclosure obligations. This applies to:

  • Registered political parties
  • Third parties
  • Associated entities
  • Candidates and groups
  • Their appointed agents

Download the guide for more information.

👉 Prescribed Details Guide (PDF, 273KB)

When prescribed details are required

Prescribed details must be provided when a return involves:

  • Donations
  • Loans
  • Debts
  • Political expenditure

Disclosure threshold

Disclosure is required when the value of a donation, loan, or debt exceeds $1,000.

Return types and triggers

The following table outlines the types of electoral returns and the events that trigger the requirement to lodge them, as specified under sections 130ZF to 130ZS of the Act:

Return type Triggering event
Campaign donations return Candidate or group member receives a disclosable donation or loan
Donor returns Donor gives or is reimbursed for a disclosable donation or loan
Political party/entity/third party returns Receipt of a disclosable amount or debt
Political expenditure returns Disclosable spending during capped or annual periods

Using public sources

You may reference publicly available sources (e.g. ASIC or charity registers) instead of listing certain details, provided you include:

  • The name of the publication
  • A direct link to the specific page 

What to do if details are unavailable

  1. Complete as much of the return as possible
  2. Lodge a ‘Notice of Inability to Complete Return’ form
  3. Submit both documents to ECSA

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:

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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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

Participant type Election type Expenditure cap (2026 indexed)
Registered political party Legislative Council only $500,000
Registered political party House of Assembly districts $75,000 × number of districts - candidate allocations
Registered political party Legislative Council candidates $100,000 × number of candidates (max 5)
Endorsed candidate House of Assembly Up to $100,000 (or $40,000 if no agreement)
Independent candidate House of Assembly $100,000
Independent candidate Legislative Council $125,000
Group of independent candidates Legislative Council $100,000 × number of candidates (max 5)
Third party General election $450,000
Third party By-election (House of Assembly) $60,000
Third party Per district (General election) Max $60,000 per district

Capped expenditure period: In a general election, this period begins on 1 July in the year before the election. For any other election, it starts on the day the vacancy is announced in the House of Assembly by, or on behalf of, the Speaker. For all elections, the capped expenditure period ends 30 days after polling day.

Candidate allocation agreements

For endorsed candidates in House of Assembly districts, the expenditure cap is determined by an agreement between the candidate and the party’s agent. This agreement must:

  • Be no more than $100,000 (2026 indexed).
  • Be formally notified to the Electoral Commissioner at least 8 days before polling day.
  • Default to $40,000 if no agreement is made.

Once notified, the agreed amount cannot be changed, and the Electoral Commissioner will not publish the agreement until after the capped expenditure period ends.

Attribution of political expenditure

When a candidate is endorsed by a registered political party, both the party and the candidate must ensure that political expenditure is properly attributed and does not exceed the applicable cap.

  • Party agents must monitor spending to avoid breaching the candidate’s cap.
  • Endorsed candidates must ensure their expenditure relates only to their own electoral district.
  • Expenditure is considered district-related if it is communicated to electors in that district and not mainly to those outside it.

Penalties for exceeding expenditure caps

Breaching the expenditure caps during the capped period can result in serious consequences. If a person exceeds their cap:

  • The Crown may recover an amount equal to 10 times the excess from the agent responsible.
  • This recovery is in addition to any other penalties or offences under the Electoral Act.
  • Agents must actively monitor and manage expenditure to avoid liability.

Election may be declared void

An election may be declared void on the grounds of a breach of section 130ZA (the capped expenditure provisions) if the Court of Disputed Returns finds, on the balance of probabilities, that the result of the election was affected by the breach.

Council elections are your opportunity to represent your community.

As a council member, you can help create a future that you and your community can be proud of and enjoy. If you are passionate about your local community, willing to work as part of a team, keen to learn and make a difference, nominate for a position on council. In South Australia, whole of state council elections (called periodic elections) are held every 4 years for all 68 councils except the Municipal Council of Roxby Downs, which operates under its own administration. The next periodic council elections will take place in November 2026.

In South Australia, whole of state council elections (called periodic elections) are held every 4 years.  67 councils will be involved in the elections with the exception of the Municipal Council of Roxby Downs Council, which operates under its own legislation.

Acts and Regulations

The rules that govern council elections are set out in:

The Acts and Regulations should be read in conjunction with the Local Government Act 1999.

Candidate eligibility and ineligibility


You are eligible to be a candidate for election as a member of a council if you are:

  • an Australian citizen
  • at the time the electoral roll closes:
    • enrolled in the council area you are contesting, or
    • the nominee of a body corporate or a group that has its name on the voters roll for the council area
    • left off the voters roll for the council area in error.

You are not eligible to be a candidate for election as a member of a council if you are:

  • a member of an Australian Parliament; or
  • an undischarged bankrupt or receiving the benefit of a law for the relief of insolvent debtors; or
  • have been sentenced to imprisonment and are, or could on the happening of some contingency become, liable to serve the sentence or the remainder of the sentence; or
  • are an employee of the council; or
  • are disqualified from election by court order under the Local Government Act 1999.

You are not eligible to be a candidate for election as a member of a council if you:

  • in the case of a supplementary election - are a member of another council; or
  • in the case of any election - are a candidate for election as a member of another council

Candidate disclosure returns

A person who is a candidate for election to an office of a council must lodge two campaign donation returns at the times prescribed by the Local Government (Elections) Act 1999. More information about candidate disclosure returns for recent elections can be accessed via the candidate returns for council elections page.

Candidate responsibilities

As a candidate, you have a range of important responsibilities and obligations under the law. These include making sure all electoral material you publish contains the proper authorisation statement, and that the material is neither inaccurate nor misleading. All candidates, whether successful or not, must lodge disclosure returns. 

Responsibilities as a member of a council

Councils are responsible for many of the services that make South Australia such a great place to live and work, including libraries, playgrounds, sporting facilities and rubbish and recycling. Becoming a councillor or mayor means you will help shape a wide range of policies and decisions that will impact the short and long-term future of your local community. More information can be found on the council elections website (this link goes to an external website).

Electoral advertising

There are restrictions placed on advertising during, and outside of, an election period. These are contained within Part 7 of the Local Government (Elections) Act 1999. The Electoral Commission SA is unable to provide advice on the interpretation of these provisions. Therefore, if you are in doubt about the interpretation, we recommend you seek independent legal advice. Learn more on our electoral advertising page.

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