Parties and Candidates

Details
Category: Parties and Candidates

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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Details
Category: Parties and Candidates

Overview

The Electoral (Accountability and Integrity) Amendment Act 2024 introduced significant reforms to the Electoral Act 1985 (the Act). These reforms, effective from 1 July 2025, aim to enhance transparency, accountability, and fairness in South Australia's electoral system.

Key reform areas

Prohibitions on donations and loans

One of the most significant changes introduced by the reforms is the ban on political donations and loans for electoral purposes. This includes monetary contributions, discounted services, or any support intended to influence electoral outcomes.

However, to ensure fairness and support participation, new parties and candidates, defined under the Act as regulated designated participants, may access public funding up to a set amount, provided they meet eligibility requirements such as registration duration, vote thresholds, and evidence of electoral expenditure.

Electoral donations

  • Donations to registered political parties, candidates, MPs, and third parties are prohibited. This includes:
    • Monetary contributions.
    • Discounted goods or services.
    • Any other support intended to influence electoral outcomes.

Note: Levies on MP and staffer salaries are exempt.

Electoral loans

Loans are treated as donations and are generally banned. Exceptions apply only in limited cases, such as:

  • Loans from a party’s nominated entity.
  • Loans not deposited into a campaign account.
  • Loans used solely for administrative costs.

Associated entities

If an associated entity receives a loan, it’s treated as if the political party received it, meaning the same rules apply.

Breaches of these provisions may result in penalties, including fines and deregistration of political parties.

Exceptions for regulated participants

While the reforms prohibit most political donations and loans, regulated designated participants may still receive donations and loans within strict limits. These include individual caps of $5,000 per donor or lender per financial year, and aggregate caps tied to expenditure limits during election periods. All donations and loans must be properly disclosed and managed through registered state campaign accounts.

👉 Learn more about donations and loan limits for regulated participants

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Public funding

As part of the electoral reforms, new public funding arrangements have been introduced to support both registered political parties and eligible candidates.

Administrative funding:

  • Designed to support the day-to-day operations of eligible political parties.
  • Includes one-off and ongoing payments for costs such as office expenses, staff salaries, and administrative systems.
  • Strictly limited to non-political use — funds must not be used for campaigning or electoral activities.

👉 Learn more on our administrative funding page

Advance funding:

  • Available to parties participating in general or by-elections.
  • Allows access to public funding before election results are finalised.
  • Subject to:
    • Certification of eligibility
    • Deduction from future entitlements based on actual performance.

👉 Learn more on our advance funding page

Policy development funding:

  • Provides up to $20,000 per year (2026 indexed) to eligible parties
  • Intended to support activities such as:
    • hosting policy forums, seminars, and meetings.
    • research and analysis for policy creation.
    • Communicating policy ideas to members and supporters.
  • Cannot be used for political or electoral expenditure.
  • Claims must be submitted to ECSA within 30 days after the end of the calendar year.

👉 Learn more on our policy development funding page

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State campaign accounts

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.

👉 Learn more on our state campaign accounts page

Party registration and eligibility

South Australia's electoral reforms have strengthened the requirements for political party registration to ensure transparency and accountability.

Waiting period

Parties must be registered for at least 8 months before becoming eligible for public funding and other entitlements.

Expanded registration requirements

Parties must provide detailed information about:
  • Their internal governance structures.
  • Membership rules.
  • The appointment of a compliance officer.

Ongoing obligations

Any changes to registration details must be reported to the Electoral Commission of South Australia (ECSA) within 14 days.

Audit powers

The Electoral Commissioner has the authority to audit party activities and documentation to verify compliance.

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Expenditure regulations

To ensure fairness and prevent excessive spending in South Australian elections, the reforms introduced strict controls on political expenditure.

Expenditure caps

Political parties, candidates, third-party campaigners and groups of candidates in the Legislative Council are subject to maximum spending limits during designated periods. These caps apply to all electoral expenditure, including advertising, promotional materials, and campaign events.

Nominated entities

Nominated entities are prohibited from incurring political expenditure. This ensures that campaign spending is transparent and directly attributable to the party or candidate.

Oversight and recovery

ECSA monitors compliance with expenditure caps. If a party or candidate exceeds the permitted limit, ECSA may initiate recovery proceedings to reclaim overspend public funds.

Capped period

The expenditure limits apply during a defined campaign period, which is set by regulation and varies depending on the type of election.

👉 Learn more on our expenditure caps page

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Third party regulation

Third parties that spend more than $10,000 on political activities must register with ECSA, submit financial returns, and comply with audit requirements.

👉 Learn more about third party obligations

Disclosure and compliance

Disclosure and compliance obligations have been strengthened under the 2024 reforms. Political participants must submit detailed financial returns, including nil returns and audit certificates, and comply with new penalties for non-compliance.

👉 Learn more about disclosure and compliance requirements

Agent and entity oversight

Agents play a key role in ensuring compliance with funding and disclosure obligations. Under the reforms, agents must be registered and may be subject to audits. Nominated and associated entities are also required to follow strict rules around financial reporting and campaign expenditure.

More information:

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Details
Category: Parties and Candidates

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.

Details
Category: Parties and Candidates

On this page

Advance public funding is a new initiative introduced under the Electoral (Accountability and Integrity) Amendment Act 2024. It provides eligible political participants with early access to public funds to support their state election campaigns.

This funding is available to candidates, groups, registered political parties, and independent members who meet specific requirements and lodge the appropriate certificate before polling day. Payments are made in instalments and are calculated based on previous election results or a legislated set amount.

Advance funding is designed to help cover legitimate campaign costs during the capped expenditure period. Strict rules apply to eligibility, timing, use of funds, and repayment obligations.

General elections

Under section 130PA of the Electoral Act 1985 (the Act), the Electoral Commissioner may provide advance public funding to eligible political participants contesting House of Assembly districts in a general election. These payments are made in 2 instalments and are designed to assist with campaign costs.

Eligibility

Advance payments are available to:

  • Registered political parties
  • Entitled registered political parties
  • Independent members of parliament
  • Entitled candidates (not endorsed by a party).

To receive funding, the agent of the recipient must lodge a section 130PF certificate with the Electoral Commissioner before polling day.

Payment structure

Advance funding is paid in 2 instalments:

  • Payment A: 60% of the notional amount (or set amount if not recontesting)
    • Payment A is made after the section 130PF certificate is lodged.
  • Payment B: 20% of the notional amount (or set amount if not recontesting)
    • Payment B is made 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.

Payments are made to the state campaign account, not to individuals.

How it's calculated

Notional amount = (eligible votes from previous election x per-vote amount) minus deductible amount (section 130Q).

Funding is based on estimated entitlement under section 130P, using either:

  • Previous state election results (notional amount), or
  • A set amount fixed by legislation.

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Advance funding by recipient
Recipient Payment A Payment B

Registered political party
(including LC minor party)
  • 60% notional amount
  • 20% notional amount

Entitled registered political party
(endorsed candidates who are not current or former MPs)
  • 60% notional amount (recontesting)
  • $2,500 per candidate
    (2026 indexed, not recontesting)
  • 20% notional amount (recontesting)
  • $2,500 per candidate
    (2026 indexed, not recontesting)

Independent member or group
(current or former MPs)
  • 60% notional amount
  • 20% notional amount

Entitled candidate or group
(not endorsed by a party and not a current/former MP)
  • 60% notional amount (recontesting)
  • $2,500 per candidate
    (2026 indexed, not recontesting)
  • 20% notional amount (recontesting)
  • $2,500 per candidate
    (2026 indexed, not recontesting)

Note: Candidates who have already provided 20 nominators for advance funding don’t need to supply them again.

Lodging a section 130PF certificate

Timing:
  • Must be lodged after the capped expenditure period begins.
  • Must be lodged before polling day.
  • If the certificate is lodged after the writ but before polling day, payment A and B are combined into one payment.
Once lodged:
  • The certificate cannot be withdrawn.
Missed deadline:
  • No advance funding will be paid.
  • You may still qualify under section 130Q(3)(b) if a section 130Q certificate is lodged within 14 days after polling day.

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Early payment of certain advance funding

Under section 130PD of the Act, 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

Section 130PE of the Act outlines how advance public funding received under sections 130PA to 130PD is managed in relation to final public funding entitlements for House of Assembly elections.

Deductions

Any advance funding received for House of Assembly elections will be deducted from the amount of public funding payable under section 130P. 

Repayment

The Electoral Commissioner may require repayment of advance funding if any of the following conditions apply:

  1. Non-participation
    No candidate, group or party is nominated for the election.
    Exception: A valid reason for non-participation may be accepted by the Electoral Commissioner.

  2. No entitlement to public funding
    Repayment may be required if the agent represents:

    • A party with no members of parliament at the time of dissolution.
    • A candidate or group with no parliamentary representation
      and there is no entitlement under section 130Q(1) or (2).
  1. Vote threshold not met
    Candidates or groups must receive at least 4% of first preference votes in the election to retain advance funding.
  1. Party dissolution
    Advance funding must be repaid if the party:
    • Ceases to operate
    • Is deregistered, or
    • Is being dissolved or wound up before polling day.

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Compliance and auditing

Participants who receive advance public funding are subject to compliance obligations under the Act and the Regulations. These obligations ensure that public funds are used appropriately and transparently.

Record-keeping requirements

All participants must maintain accurate and complete records of:

  • Campaign-related expenditure funded by advance payments.
  • Invoices, receipts, and contracts for goods and services.
  • Staff employment records and payment details.
  • Advertising materials and distribution logs.
  • Bank statements for the state campaign account.

Records must be retained for at least 4 years after polling day and be made available to the Electoral Commissioner upon request.

Auditing and review

The Electoral Commission of South Australia (ECSA) may:

  • Audit campaign expenditure to verify compliance with funding rules.
  • Request supporting documentation for any claimed expenses.
  • Investigate potential misuse of public funds or breaches of the Act.

Participants may be required to repay funds if:

  • Expenditure is found to be ineligible.
  • Records are incomplete or inaccurate.
  • The participant fails to meet vote thresholds or other eligibility criteria.

Penalties for non-compliance

Failure to comply with funding conditions may result in:

  • Repayment of advance funding.
  • Loss of future funding eligibility.
  • Referral for investigation under electoral or criminal law.

ECSA encourages all participants to seek professional advice and maintain strong financial governance throughout the campaign period.

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By-elections

Under Section 130PB of the Act, candidates and registered political parties participating in a House of Assembly by-election may be eligible for advance public funding.

Eligibility

Advance payments may be made to:

  • Entitled registered political parties that endorse a candidate.
  • Entitled candidates, whether endorsed or independent.

Types of payments

Recipient Payment

Entitled registered political party (endorses a candidate)
  • 80% of the notional amount (if recontesting)
  • Designated amount (if not recontesting)

Entitled candidate (not endorsed by a party)
  • 80% notional amount (if recontesting)
  • Designated amount (if not recontesting) 

Notional amount = eligible votes from previous election x per-vote funding rate under section 130P.

(This applies whether the previous election was part of a general election or a standalone district election.)

Designated amount = the lesser of:

  • $50,000 ÷ total number of endorsed candidates (2026 indexed), or
  • $5,000 (2026 indexed).

Disclosure period

The disclosure period for a House of Assembly by-election runs from the day the vacancy is announced until 30 days after polling day.

Certificate requirements

The agent must lodge a section 130PF certificate before polling day to receive payment. Payments are made to the state campaign account, not to individuals. If this deadline is missed, a section 130Q certificate may be lodged within 14 days after polling day. Payments are made as soon as reasonably practicable after the agent lodges the certificate.

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Details
Category: Parties and Candidates

On this page

Advance public funding is a new initiative introduced under the Electoral (Accountability and Integrity) Amendment Act 2024. It provides eligible political participants with early access to public funds to support their state election campaigns.

This funding is available to candidates, groups, registered political parties, and independent members who meet specific requirements and lodge the appropriate certificate before polling day. Payments are made in instalments and are calculated based on previous election results or a legislated set amount.

Advance funding is designed to help cover legitimate campaign costs during the capped expenditure period. Strict rules apply to eligibility, timing, use of funds, and repayment obligations.

Legislative Council elections

Under Section 130PC of the Electoral Act 1985 (the Act), the Electoral Commissioner may provide advance public funding for candidates and groups contesting the Legislative Council (LC) district during a general election. Payments are made in 2 instalments.

Eligibility

Advance payments are available to:

  • Entitled registered political party
  • Other registered political party
  • Independent LC candidate (current/former MP)
  • Group of LC candidates (includes current/former MP)
  • Entitled LC group (not endorsed by a party)
  • Entitled LC candidate (not endorsed by a party)
  • LC minor party
    • Meets specific criteria and endorses candidates in both LC and HA districts.

To receive funding, the agent of the recipient must lodge a section 130PF certificate with the Electoral Commissioner before polling day.

Payment structure

Advance funding is paid in 2 instalments:

  • Payment A: 60% of the notional amount (or set amount)
    • Payment A is made after the section 130PF certificate is lodged.
  • Payment B: 20% of the notional amount (or set amount)
    • Payment B is made after the writ is issued or nominating/grouping is confirmed (whichever applies).

Payments are made to the state campaign account, not to individuals.

How it's calculated

Notional amount = eligible votes from previous LC election x per-vote amount (section 130P).

Special rules apply to:

  • Newly registered parties (between 2 LC elections.
  • Minor parties using votes from the 2 preceding LC elections.
Advance funding by recipient
Recipient Payment A Payment B

Entitled registered political party 
  • 60% notional amount (recontesting)
  • $2,500 per candidate (2026 indexed, max 6 candidates)
  • 20% notional amount (recontesting)
  • $2,500 per candidate (2026 indexed, max 6 candidates)
Other registered political party 
  • 60% notional amount
  • 20% notional amount

Independent LC candidate (current or former MP)
  • 60% notional amount
  • 20% notional amount

Group of LC candidates (includes current or former MP)
  • 60% notional amount
  • 20% notional amount
Entitled LC group (not endorsed by a party)
  • 60% notional amount (recontesting)
  • $2,500 per candidate (2026 indexed)
  • 20% notional amount (recontesting)
  • $2,500 per candidate (2026 indexed)
Entitled LC candidate (not endorsed by a political party)
  • 60% notional amount (recontesting)
  • $2,500 per candidate (2026 indexed)
  • 20% notional amount (recontesting)
  • $2,500 per candidate (2026 indexed)

Lodging a section 130PF certificate

Timing:
  • Must be lodged after the capped expenditure period begins.
  • Must be lodged before polling day.
Once lodged:
  • The certificate cannot be withdrawn.
Missed deadline:
  • No advance funding will be paid.
  • You may still qualify under section 130Q(3)(b) if a section 130Q certificate is lodged within 14 days after polling day.

Early payment of certain advance funding

Under section 130PD of the Act, 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

Section 130PE of the Act outlines how advance public funding received under sections 130PA to 130PD is managed in relation to final public funding entitlements for Legislative Council elections.

Deductions

Any advance funding received for Legislative Council elections will be deducted from the amount of public funding payable under section 130P.

Repayment

The Electoral Commissioner may require repayment of advance funding if any of the following conditions apply:

  1. Non-participation
    The party, candidate, or group does not contest the election.
    Exception: A valid reason for non-participation may be accepted by the Electoral Commissioner.

  2. No entitlement to public funding
    Repayment may be required if the agent represents:

    • A party with no members of parliament at the time of dissolution.
    • A candidate or group with no parliamentary representation.
      and there is no entitlement under section 130Q(1) or (2).

  3. Vote share affects entitlement
    For candidates or groups without parliamentary representation, the amount of public funding is based on the percentage of first preference votes received:

    • 0% to 10%: $3.50 per eligible vote (indexed).
    • More than 10%: $3.00 per eligible vote (indexed).

  4. Party dissolution
    The party ceases to operate, is deregistered, or is being dissolved or wound up before polling day.

Compliance and auditing

Participants who receive advance public funding are subject to compliance obligations under the Act and the Regulations. These obligations ensure that public funds are used appropriately and transparently.

Record-keeping requirements

All participants must maintain accurate and complete records of:

  • Campaign-related expenditure funded by advance payments.
  • Invoices, receipts, and contracts for goods and services.
  • Staff employment records and payment details.
  • Advertising materials and distribution logs.
  • Bank statements for the state campaign account.

Records must be retained for at least 4 years after polling day and be made available to the Electoral Commissioner upon request.

Auditing and review

The Electoral Commission of South Australia (ECSA) may:

  • Audit campaign expenditure to verify compliance with funding rules.
  • Request supporting documentation for any claimed expenses.
  • Investigate potential misuse of public funds or breaches of the Act.

Participants may be required to repay funds if:

  • Expenditure is found to be ineligible.
  • Records are incomplete or inaccurate.
  • The participant fails to meet vote thresholds or other eligibility criteria.

Penalties for non-compliance

Failure to comply with funding conditions may result in:

  • Repayment of advance funding.
  • Loss of future funding eligibility.
  • Referral for investigation under electoral or criminal law.

ECSA encourages all participants to seek professional advice and maintain strong financial governance throughout the campaign period.

  1. Advance funding - early payment
  2. State campaign accounts
  3. Registers
  4. Funding and disclosure - all participants

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