Parties and Candidates
- Details
On this page
- Definition of a third party
- Appointing an agent
- State campaign accounts
- Registering a third party
- Reporting and disclosure obligations
- Offences and penalties
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.
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 or money for political expenditure or reimbursement. Once registered, the third party must use this account exclusively for all electoral expenditure, donations, and loans. Bank account details must be provided to the Electoral Commission of South Australia (ECSA) using the state campaign account notification form.
👉 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 period for an election must be registered with the Electoral Commissioner. The register lists all third parties registered under Division 8A of the Act. The register 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 third party registration form (PDF, 2MB).
- 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.
Reporting and disclosure obligations
👉Compliance Key Dates ALL - 2026 State Election (PDF, 160KB)
👉Disclosure Reporting Periods 2025-26 - Third Parties (PDF, 375KB)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.
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.
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.
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.
- Details
On this page
- Overview
- Eligibility
- Payment structure
- Lodging a certificate
- Early payment
- Deductions and repayments
- By-elections
Overview
The Electoral (Accountability and Integrity) Amendment Act 2024 introduces advance payments for political participants who lodge a section 130PF certificate. These reforms apply from 1 July 2025 and are part of broader changes to South Australia's electoral funding framework.
Related information
Resources that support this page include:
👉 Advance funding - House of Assembly elections (web page)
👉 Advance funding - Legislative Council elections (web page)
👉 Advance Funding Guide (PDF, 293KB)
Eligibility
Advance public funding is available to:
- Candidates
- Groups
- Registered political parties
- Independent members.
Important: An agent must apply before polling day. Funds are deposited into the state campaign account, not to individuals.
Payment structure
Advance funding is paid in 2 instalments:
- Payment A: 60% of the notional amount (or set amount if not recontesting).
- Payment B: 20% of the notional amount (or set amount if not recontesting).
How it’s calculated
Funding is based on estimated entitlement under section 130P, using either:
- Previous state election results (notional amount), or
- A set amount fixed by legislation.
Different formulas apply for House of Assembly (HA) and Legislative Council (LC) elections.
Lodging a section 130PF certificate
- Must be lodged after the capped expenditure period begins and before polling day
- Once lodged, the certificate cannot be withdrawn
- Late lodgement may result in no advance funding, but you may still qualify under section 130Q(3)(b) if a section 130Q certificate is lodged within 14 days after polling day.
Payment timing
- Payment A – paid as soon as reasonably practicable after the section 130PF certificate is lodged.
- Payment B – paid as soon as reasonably practicable after the writ is issued*.
* For entitled candidates and groups, Payment B is triggered by the nomination of the candidate(s), not the issue of the writ.
Late lodgement
If the certificate is lodged after the writ but before polling day, Payment A and B are combined.
Use of public funding
Funding can be used for campaign-related costs such as:
- Production, display, and distribution of electoral matter
- Stationery and postage for electoral matter
- Mobile phones used primarily for campaign purposes
- Employing staff during the capped expenditure period
- Office accommodation and associated expenditure (other than the headquarters of a registered political party)
- Advertising (production, distribution, publishing).
Prohibited: General administration or operational costs unrelated to the campaign.
Early payment of certain advance funding
Under Section 130PD of the Electoral Act 1985, certain political participants may request an early payment of a portion of their advance public funding before the capped expenditure period begins.
👉 See advance funding early payment page for more information
Deductions and repayments
Advance public funding received for both House of Assembly and Legislative Council elections is deducted from the final public funding entitlement under section 130P of the Electoral Act.
You may need to repay advance funding if:
- No candidates are nominated
- Candidates don't meet vote thresholds
- HA: Must receive at least 4% of first preference votes
- LC: Must receive at least 2% of first preference votes
- Overpayment occurs.
By-elections
Advance public funding is available in a House of Assembly by-election, but only under strict conditions.
👉 Learn more on our advance funding for HA by-elections page
- Details
Policy development funding provides reimbursement to eligible registered political parties for policy development expenditure incurred during a calendar year.
For full instructions and legislative references, see the Policy Development Funding Guide (PDF, 186KB).
Eligibility
A party is eligible for annual payments if:
- It is an entitled registered political party for at least 12 months during the full calendar year of expenditure, and
- It is not receiving administrative funding.
Note: A registered party is considered eligible if it has been registered for 12 months or more as of 1 January and remains registered for the entire calendar year.
Funding amount
Eligible parties may receive up to $20,000 per year (indexed from 2026), based on actual policy development expenditure.
Important: This funding must not be paid into a state campaign account and cannot be used for political or electoral expenditure.
What qualifies as policy development expenditure
Expenditure may include activities such as:
- Hosting conferences, seminars, meetings, or similar functions where party policies are discussed.
- Providing information about party policies to members and supporters.
- Conducting research for the purpose of developing party policies.
How to claim
Eligible parties can submit a claim to the Electoral Commission of South Australia within 30 days after the end of the calendar year to which the expenditure relates.
- Details
Overview
A state campaign account is a dedicated financial institution account that must be used by political participants in South Australian state elections to manage donations, public funding, and political expenditure. These accounts are required for candidates, groups, registered political parties, and third parties*.
* Third parties only need a state campaign account if they receive amounts that must be paid into one under the Act.
Notification form
Agents must complete the State Campaign Account Notification form to register account details with the Electoral Commission. The form is available via the link below and must be lodged before the account can be used for deposits or expenditure.
👉 To access the form, visit our Resources Page.
Key requirements
- The state campaign account must be established with an authorised deposit-taking institution (ADI).
A list of ADIs can be found on the APRA Register of Authorised Deposit-taking Institutions. - Must be registered with the Electoral Commission
- The Electoral Commissioner maintains a register of state campaign accounts and your account must be listed on the register before it can be used.
- Agents are responsible for providing account details, including the name and account number, the agent responsible for the account and any other details required by the Electoral Commissioner.
Money that must be deposited
- Public funding payments
- Donations received (unless unlawful, not electoral donations or excluded by regulation)
- Funds for political expenditure or reimbursement
- For mixed-purpose payments, only the portion for political expenditure must be deposited.
Money that must not be deposited
- Administrative or policy development payments
- Transfers from federal campaign accounts under the Commonwealth Electoral Act 1918.
Note: If money is mistakenly deposited, it is not an offence, as long as the agent takes reasonable steps to withdraw it immediately upon becoming aware of the error.