Updated
6 December 2022
PDF Version [619KB]
Dr Damon Muller
Politics and Public Administration
This Quick Guide summarises the complex
funding and disclosure laws federally, and in each Australian state and
territory. These laws regulate who can make and receive political donations,
how and when those donations must be disclosed, how much money political
parties can spend for their election campaigns, and the amount of public money
they receive to fund their election campaigns and general operations.
This document does not attempt to capture every nuance of each
system and is not a substitute for legal advice. The laws occasionally change,
and the Guide only reflects the laws at the time of publication. Only laws
covering state/territory and federal elections are considered.
While most relevant legislation refers to donations to
political parties as ‘gifts’, the terms ‘donation’ and ‘gift’ are used
interchangeably in this document reflecting their popular use. Gifts can take
the form of money but may also include the provision of goods or services for
free (or in-kind) such as providing rent-free accommodation. Volunteer labour
is usually not considered to be a gift and is generally not regulated under
these laws.
The analysis separates out donations and electoral
expenditure, and public funding. Appendix A provides details of the regulatory
settings and thresholds for each jurisdiction and a link to the relevant
legislation. Indexed amounts are per the last advice published by the relevant
electoral commission.
The Quick Guide has been updated to reflect new legislation
since the February 2022 version.
Donations and electoral expenditure
Federal
The disclosure threshold, the amount over which donations
must be disclosed, under the Commonwealth Electoral
Act 1918 is Consumer Price Index (CPI)-indexed and from 1 July 2022 to
30 June 2023 is $15,200.
As of 1 December 2020, donations must be deposited into a federal campaign
account to be covered under the political finance laws (which are generally
less prescriptive than state or territory laws).
Annual
returns must be lodged with the Australian Electoral Commission (AEC) by
political parties, their state and territory branches and associated
entities, and members of parliament showing the details of amounts received
and outstanding debts that are over the disclosure threshold, and total values
of receipts, payments and debts.[1]
Significant
third parties (individuals and organisations who incur substantial amounts
of electoral expenditure and who aren’t parties or candidates, who were
previously called political
campaigners) and associated entities must register with the AEC.
For amounts that are received above the disclosure
threshold, returns must disclose the full name and address of the donor, the
amount received, and whether the receipt is a ‘donation’ or ‘other receipt’.[2]
People
and organisations who make donations to members of parliament or to
candidates or parties in excess of the disclosure threshold must also submit an
annual donor return. Donations from foreign donors of $1,000 or more are
banned.
Third parties (who spend more than $15,200 but not enough to
register as a significant third party) must also lodge an annual return if they
spend more than the disclosure threshold in a financial year. The returns must
list their total political expenditure, total donations used for political
expenditure, and details of donors whose donations were used in whole or part
for political expenditure and were above the disclosure threshold.
Independent candidates, unendorsed Senate groups and Senate
groups endorsed by more than one political party must submit an election return
outlining the total value of donations received, the number of donors, any
individual donation that is above the disclosure threshold, and electoral
expenditure incurred between the issue of the writ and election day.[3]
Endorsed candidates are covered by their party’s annual return.
Annual returns are published by the AEC on its Transparency Register at the
beginning of February for the previous financial year. The AEC undertakes a
range of compliance reviews to ensure the accuracy of political parties’
returns. These occasionally result in amended returns, but the AEC rarely
employs the coercive powers it has in relation to compliance or initiates
prosecutions in relation to funding and disclosure obligations (a practice
which has been criticised
by the Australian National Audit Office).
New South Wales
On 1 July 2018 the Electoral
Funding Act 2018 (NSW) replaced the Election
Funding, Expenditure and Disclosures Act 1981 (NSW), which changed only
some elements of the NSW political finance scheme.
Candidates and third-party campaigners must
register with the NSW Electoral Commission (NSWEC) in order to accept
political donations or incur electoral expenditure. Political parties are not
required to be registered but must comply with political finance laws whether
or not they are registered.
In NSW political
donations are divided into ‘small political donations’, which are valued
less than $1,000, and ‘reportable political donations’, which are $1,000 or
more from a donor in one year. A reportable political donation includes multiple
donations made by the same donor to the same recipient that in aggregate are
valued at $1,000 or more in one financial year. Loans of $1,000 or more are
also reportable. This includes donations made to political parties, associated
entities, candidates, groups and third-party campaigners (only if used to incur
political expenditure during the capped expenditure period) or a donation
provided to another person who uses the money to make a political donation or
incur electoral expenditure. Small political donations do not have to be
disclosed by donors; however, all donations must be disclosed by parties,
groups, candidates and associated entities.
Donations
can only be made by an individual on the electoral roll, a company with an
Australian Business Number (ABN), or individuals who have identified themselves
to the NSWEC.
Political donations are capped
for a financial year and the cap is adjusted annually for inflation. Multiple
donations from the same donor to the same recipient are aggregated for the
purpose of the caps. The caps vary for different recipients, and, for 2022–23,
range from $7,000 for a political party to $3,300 for candidates and
third-party campaigners. Caps also apply for party membership subscriptions and
affiliation fees. During an election period (between 1 October of the year
before the election and election day) donations must be disclosed within 21
days and otherwise every six months by parties, candidates, groups and
associated entities, and annually by donors.
Certain donations are banned.
These include anonymous donations over the reportable limit ($1,000) and cash
donations of more than $100. Failure to record details of reportable donations
or reportable loans is also prohibited. In addition, property developers,
tobacco businesses, liquor or gambling businesses or their close associates are
banned from making donations. In 2015 this ban was challenged and ruled to be
constitutional by the High Court.
Electoral
expenditure must be reported annually by political parties, associated
entities, elected members, groups, candidates and third-party campaigners.
Electoral expenditure is capped from a period commencing 1 October in the year
before an election and ending on polling day for NSW state elections.
The caps
for electoral expenditure are indexed and vary depending on the entity. For
the period up to the 2023 state election, caps are $12,331,800 for a party
running candidates in all 93 Legislative Assembly districts, $1,389,900 for
independent groups in the Legislative Council and $198,700 for independent
candidates in a Legislative Assembly election. Within the overall cap there is
an additional per-seat cap for Legislative Assembly elections of $66,400 for a
party. Electoral expenditure for an associated entity is aggregated with the
party with which the entity is associated for the purpose of the expenditure
cap.
A reduced cap for third-party campaigners was held to be invalid
by the High Court in January 2019 and a subsequent cap scheme was
introduced in October
2022. Third-party campaigner electoral expenditure is subject to caps
within the capped expenditure period. For the 2023 NSW State election, the caps
are $1,288,500, if the third-party campaigner was registered before the start
of the capped expenditure period (1 October 2022) or $644,300, in any other
case. Within a third-party campaigner’s overall expenditure cap, the
third-party campaigner can incur up to $26,700 in electoral expenditure for a
particular electoral district for the purposes of material that: explicitly
mentions the name of a candidate in the election in that electoral district or
the name of the electoral district; is communicated to electors in that
electoral district; and is not mainly communicated to electors outside that
electoral district.
Political parties, elected members, candidates, groups and
third-party campaigners are required to maintain a campaign
account. These accounts are used for receiving political donations and
making electoral expenditure, and public funding is paid into the accounts.
Expenditure must be reported
yearly, within 12 weeks of the end of the annual period.
The NSWEC is atypical in Australia in that it has been
relatively active in pursuing breaches of funding and disclosure laws, such as
fines for not
using campaign accounts, withholding public funding for breaching
expenditure caps, and a $600,000 fine for illegal
donations from property developers.
Victoria
Prior to legislative change to the Electoral
Act 2002 (Vic.) in late 2018, Victoria had particularly light
regulation of political finance. The only requirements were that certain
gambling companies could not make political donations (which has since been
repealed) and that parties must lodge a copy of their AEC annual returns with the
Victorian Electoral Commission (VEC).
The new funding
and disclosure
regime only permits donations from Australian citizens or residents and
businesses with an ABN (however it does not require any proof that the donor is
a permitted donor). Victoria imposes an indexed
donation
disclosure threshold of $1,080 (and bans anonymous donations of $1,080 or
more) and imposes a donation cap of $4,320 for each election period (the time
from one election to the next in four years’ time). Donors may also not donate
to more than six third-party campaigners (defined as third parties that spend
more than $4,320 of political expenditure in a financial year).
Parties, candidates, associated entities and third-party
campaigners must maintain a state campaign account which they must use to pay
for political expenditure, and donations must be paid into these campaign
accounts. Donations to associated entities and third-party campaigners that are
not intended to be used for political expenditure, and are not paid into the
campaign account, are not subject to the donation cap. For associated entities
and third-party campaigners, expenditure will only be considered to be
political expenditure if it is incurred during the election campaigning period
(from 1 October to 6pm on election day). If not paid into campaign accounts,
membership fees and affiliation fees to parties, third-party campaigners and
associated entities are not subject to the donation cap.
Donors and recipients must disclose donations within 21
days, and the donations will be published by the VEC within seven days of being
received. Parties, associated entities and third-parties must also submit
annual returns reporting donations over the threshold, total income and
expenditures, and any outstanding debts.
Victoria’s Independent Broad-based Anti-Corruption Commission
(IBAC) released a report
in October 2022 on corruption risks associated with political donations. It recommended,
among other things, that Victoria implement better controls on donation
splitting, better protections against using third party campaigners to
circumvent limits, and consider expenditure caps, noting that Victoria is one
of only three Australian states lacking expenditure caps.
Queensland
Changes to the Queensland Electoral
Act 1992 in February 2017 set the disclosure threshold for gifts and
loans at $1,000,
and imposed a requirement on political parties and candidates to declare any
reportable gifts or loans within seven days throughout the year (that is, not
just during an election period). The change to the disclosure cap was made
retrospective, reversing the $13,000 disclosure cap which had applied in the
lead-up to the 2015 election. The retrospective reduction of the disclosure cap
to before the 2015 state election resulted in the Electoral Commission of Queensland (ECQ)
taking legal action against the Liberal
National Party to disclose donations made prior to the election. The Queensland
Supreme Court upheld the legislation.
Election returns are required within 15 weeks after an
election from candidates and parties listing the total amount of all gifts and
fundraising contributions, the number of donors, total loans and number of
entities making the loans, and the electoral expenditure. The disclosure period
for a candidate who contested the previous election runs from 30 days after the
polling day at the previous election to 30 days after polling day for the
current election. For all other candidates the disclosure period begins either
when they announce their candidature or are preselected by their party and ends
30 days after the election.
It is unlawful for a candidate or party to receive a gift of
foreign property (including money), and unless the gift is returned within six
weeks an amount equal to the value of the gift will be payable to the State. It
is unlawful for a candidate to receive more than $200, or a political party
more than $1,000, from an anonymous donor, or any gift where the real identity
of the donor is obscured by paying through an accountant or lawyer. As of 2
October 2017 donations from property developers and property developer
industry bodies are banned.
Candidates, parties and registered third-parties must use a state
campaign account, and associated entities must use the campaign account of
the party with which they are associated. All electoral expenditure must be
from the campaign account, and for the 2020 state election, money could be
deposited into the campaign account from another account or from gifts or
loans.
A donation cap came into effect on 1 July 2022. A donor may
not donate more than $4,000 to any political party or $6,000 to any candidate
in the period which begins 30 days after one general election to 30 days after
the next general election. The cap amount is indexed and is recalculated after
each general election.
In Queensland state elections third parties, whether they
are individuals or organisations, who incur expenditure of more than $1,000
advocating voting for or against a party or candidate or drawing attention to a
particular issue, must also provide a return to the ECQ reporting all gifts,
gifts-in-kind, and fundraising contributions. Individuals or organisations who
donate a total of $1,000 or more to candidates or parties must also submit a
return to the ECQ. Donors fall under these third-party disclosure requirements
and are not covered by a separate donor return requirement.
Electoral expenditure during the capped expenditure period
(from the first business day after the last Sunday in the March before the
election until 6pm on polling day) is
capped at $95,964 (for the 2024 state election, indexed thereafter) per
electoral district (of which there are 93), giving a maximum cap of $8.925
million. Parties have a maximum cap for any district of $95,964 and endorsed
candidates each have an additional cap of $60,499. Registered
third parties are subject to an overall expenditure cap of $1.043 million
($6,000 if not registered), and $90,749 per electoral district, and independent
candidates are subject to a cap of $90,749 (indexed). Associated
entities are considered to be part of the party or candidate to which they
are associated for the purpose of the caps and other reporting. Financial
penalties and terms of imprisonment may be imposed for exceeding expenditure
caps.
All returns are made public by the ECQ and are available on
the Commission’s disclosures
website, and must be accompanied by an auditor’s certification. ECQ is the
first Australian electoral commission to use visualisations of donation data to
help illustrate the source of the donations.
South Australia
Under the Electoral
Act 1985 (SA) political parties, candidates and third-parties must
create a designated campaign account for election campaigns. All donations must
be paid into the account and all political expenditure must be made from the
account. Associated entities are not required to maintain a campaign account.
All donations, gifts and loans over the threshold (currently
$5,576, indexed)
must
be disclosed by political parties, candidates,
associated
entities and third-party campaigners to the Electoral Commission SA, and they must
also record information about gifts of $200 or more and loans of $1,000 or more.
Donors
must also declare gifts over $5,576.
‘Gift’ is defined broadly and includes money (other than
party subscription fees) and services (excluding volunteer labour). Donation
amounts and who can donate are not restricted. Raising money through political
access, such as meals with members of parliament and candidates, is not
prohibited, but tickets to such events are capped at $500 per person.
The disclosure scheme involves two reporting cycles for
recipients of donations. Donation disclosure reports are required half-yearly
outside an election period. However, from 1 January in an election year,
returns are required by 5 February and thereafter on a weekly basis until 30
days after election day. Returns must be accompanied by an audit certificate.
Donors must also submit half-yearly returns.
South Australia has an opt-in public funding scheme which
includes an expenditure cap for those parties and candidates who elect to
receive public funding. This scheme is discussed in the South Australian entry
in the Public Funding section of this paper. Disclosure obligations apply to
all entities, not just those who have opted into the public funding scheme.
South Australian Labor, while in opposition announced
in early 2022 that they would seek to ban all political donations if they
won the election in March 2022. In August 2022 the Government
stated that it was still working through constitutional issues with the
ban.
Western Australia
Political parties and associated entities are required to
submit annual returns and political parties, candidates, groups and other
persons are required to submit election returns to the Western Australian Electoral Commission
(WAEC) under the Electoral
Act 1907 (WA). All entities that incur electoral expenditure are
required to lodge electoral expenditure returns. The returns can be searched online and form
the basis for an annual political
finance report published by the WAEC.
Annual
returns for parties and associated entities must include the value of all
gifts and income received during the financial year, and the details of all
gifts of more than the ‘specified amount’ (as determined by the Electoral
Commissioner, currently $2,600) and the details of donors who make gifts of a
total value of $2,600 or more. Anonymous gifts of $2,600 or more are banned.
Election returns are lodged after an election or by-election
and must include details of specified electoral expenditure by parties,
candidates and third-parties. Electoral expenditure must be disclosed for
specified categories of spending, such as broadcasting advertisements,
publishing advertisements, producing material, consultant’s fees, and opinion
polling. Electoral expenditure incurred producing advertising for use during an
election period (from the issue of the writ to the end of polling day) must be
disclosed regardless of whether the expense is incurred during the election
period.
Candidates and groups must also disclose all
election-related gifts received during the disclosure period (31 days after
polling day of the previous election until polling day) of $2,600 or more. The
disclosure period begins one month after the previous election for candidates
who were candidates in the previous election, or one year before the day of
nomination for new candidates.
Third parties who incur $500 or more of electoral
expenditure during the disclosure period must also complete an election return
with the details of gifts of more than $2,600 that were used partially or
wholly for electoral expenditure.
In June 2020 the Electoral
Amendment Bill 2020 (WA) was introduced to the Legislative Assembly, which
would have implemented expenditure caps for WA elections. The Bill was in
response to a Labor election commitment from the 2017 state election, but has
been linked to the spending
of Clive Palmer and his United Australia Party at the 2019 federal
election. The Bill failed to pass the upper house and lapsed when the
parliament was dissolved for the 2021 state election. The government
has flagged new political finance reform legislation, which will include
monthly donation disclosure requirements.
Tasmania
There is no state legislation concerning disclosure of gifts
to political parties, but all parties registered federally must lodge
an annual return with the AEC
showing relevant receipts and expenditure.
Under the Electoral
Act 2004 (Tas.) candidates
for the Legislative Council have an indexed expenditure limit ($18,500 in
2022) and must file returns of their electoral expenditure with the Tasmanian Electoral Commission.
Political parties must not incur expenditure in relation to Legislative Council
elections.
In May 2018, following the 2018 state election, then Premier
Will Hodgman announced the government would undertake a review
of Tasmania’s political finance laws. The report of the review was released
on 16
February 2021 and a draft bill was released
for consultation. In brief, the draft Bill would implement a disclosure
threshold of $5,000 (not indexed), with reporting of donations within seven
days in an election period and six monthly otherwise. Election expenditure will
have to be reported and campaign accounts will be required. The Bill was introduced
to the Tasmanian Parliament in May 2022 and passed the lower house, but not
the upper house before the end of 2022.
Australian Capital Territory
Under the Electoral
Act 1992 (ACT) donations from a single individual or entity that
collectively exceed $1,000 are required to be disclosed, along with the name
and address of the donor, to the ACT
Electoral Commission. This applies to gifts received by parties, associated
entities, and non-party candidates. Previously the ACT had a cap on donations
of $10,000 per financial year, however this was repealed in 2015.
Annual returns for registered parties, non-party members of
the ACT Legislative Assembly (MLAs) and associated entities must list the total
amount received for the financial year, the name and address of all donors who
donate a total of $1,000 or more, whether the donation was a gift, gift-in-kind
or other payment, the total amount of electoral expenditure during the year,
the total debts outstanding at the end of the financial year, and the names and
address of any person or organisation owed more than $1,000 at the end of the
financial year, and amount owed.
In an election year there are additional
disclosure periods. Donations that reach the $1,000 threshold between
1 April and 30 June must be declared by 7 July. Donations that reach that
threshold between 1 July and the end of the polling day must be declared within
seven days.
Election returns must be submitted by parties, non-party
MLAs, non-party candidate groups, associated entities and third-party
campaigners listing electoral expenditure on specific items where the
expenditure occurs during the capped expenditure period, starting on 1 January
of an election year. Third-party campaigners must also submit a return
detailing the total of all gifts received and the details of all gifts of
$1,000 or more, with the name and address of the donor and the date of receipt.
Electoral expenditure caps of $42,750 applied per candidate
(up to a maximum of 25 candidates per party) at the 2020 election. The same
caps also apply per third-party campaigner and associated entity and are
indexed annually.
In 2013 the Law Society of the ACT and the Australian Home
Heating Association were found to have breached
electoral expenditure caps by $600 and $700 respectively for the 2012 ACT
election. At the 2016 election UFU (United Firefighters Union) ACT, Trades Hall
Building and Clubs ACT overspent
the cap. The ACT Electoral Commissioner noted to a Legislative
Assembly committee that the breaches were not a criminal matter but were a
debt to the ACT of twice the amount by which the caps were exceeded.
The ACT Legislative Assembly passed the Electoral Amendment Bill
2018 shortly before being dissolved for the October 2020 Territory election.
The Bill enacted a ban
on donations from property developers, but the ban did not come into effect
until July 2021.
Northern Territory
In December 2016 the Legislative Assembly resolved to conduct
an inquiry into options for reforming the NT’s political finance regime.
The Final
Report of this inquiry was delivered in June 2018 and recommended
expenditure caps, donation caps and a public funding scheme. A new financial
disclosure system came into effect in the NT on 1 January 2020 following the
passage of the Electoral
Legislation Further Amendment Bill 2019 (NT). The reforms amended the Electoral
Act 2004 (NT) to cap political
expenditure, increased the frequency of reporting of donations, and expanded
requirements to cover third-party campaigners and associated entities. The
requirements for broadcasters and publishers to submit election returns were
removed by the amendments. The new reporting requirements and caps were in
place for the 22 August 2020 Territory election.
Candidates, registered political parties and their
associated entities and third-party campaigners must not receive anonymous
donations of more than $1,000 ($200 for candidates) or anonymous loans of
$1,500 or more. Gifts and loans of $1,500 or more ($200 or more for a
candidate) must be disclosed by candidates, parties, associated entities or
third-party campaigners. Candidates, parties, associated entities and third-party
campaigners must disclose donations at various times in the lead-up to an
election, including quarterly in the first half of an election year, and more
frequently during the election period.
Donors who donate gifts totalling $1,500 or more to a candidate
or party in a financial year must disclose those donations within 60 days after
the end of the financial year.
Electoral expenditure, generally covering electoral
communication and opinion polling and research, is capped from 1 January of an
election year until 30 days after election day. Electoral expenditure is capped
at 40,000 monetary
units (currently $41,600) per division in which a party has endorsed a
candidate, with a maximum of $1.04 million for parties running candidates in
all 25 seats. Associated entities share the cap of the party with which they
are associated. Spending and fundraising by candidates and parties must be done
through a Territory
campaign account. Exceeding the cap may result in a penalty of up to 1,500
penalty units for party or associated entity, or 300 penalty units and/or 18
months imprisonment for a candidate.
Third-party
campaigners are required to register with the NTEC for each election if
they incur or expect to incur more than $1,000 of political expenditure during
the capped expenditure period. Third-party campaigners must report their political
expenditure but are not subject to an expenditure cap or required to use a
campaign account.
The expenditure caps are indexed under the Monetary
Units Act 2018 (NT); the disclosure thresholds are not indexed.
Public funding
Two classes of public funding exist across the federal and
state electoral environments. The most common is what is often referred to as
‘election funding’ or simply ‘public funding’ and involves post-election
payments of an amount based on the number of votes received, usually capped to
the amount of expenditure incurred at the election. The second, ‘administrative
funding’ or ‘policy development funding’, is money paid to political parties or
candidates outside the election period to support parties’ routine operations.
Some jurisdictions have more than one example of the latter form of public
funding available.
Federal
Public funding is available for candidates and parties in
federal elections who receive more than four per cent of the total vote in
their electorate. The amount is CPI-indexed
and calculated every six months. Currently the amount is $3.016
per formal first preference vote (1 July 2022 to 31 December 2022).
Public funding for eligible candidates and parties of a
fixed amount of $11,029 (indexed) is paid automatically and any additional
public funding, up to the per-vote cap, requires a claim based on electoral
expenditure. Administrative funding does not operate in the federal electoral
system.
New South Wales
NSW operates three separate public funding schemes in
relation to state elections.
Election campaigns fund
The election
campaigns fund is a reimbursement scheme for electoral expenditure capped
at a per-vote rate (and the expenditure cap). Candidates and political parties
are eligible for the election campaigns fund if they receive four per cent of
the first preference vote or have a candidate elected. A claim for payment must
be made within 120 days of the return of the writ for the election and requires
receipts to certify the expenditure, and claims may be audited by the NSWEC.
Parties are eligible to receive an advance payment equal to
50 per cent of the rate the party was entitled to claim at the previous state
general election, which is deducted from the claimed amount after the election
and may have to be repaid if the party does not obtain enough votes to entitle
the party to that amount.
For the four-year period to the 2023 state election, parties
are entitled to $4.66 per first preference vote in the Legislative Assembly
plus $3.50 per first preference vote in the Legislative Council. Candidates are
entitled to $4.66 per first preference vote in the Legislative Assembly and
$5.25 per vote in the Legislative Council.
Administration fund
Administration
funding is paid to cover administrative and operating expenses incurred by
political parties, paid quarterly, and the payment is based on how many elected
members the party has and is only for the amount of expenditure incurred. In
2022 the maximum quarterly amounts payable under the administration fund
are:
- $93,800
if there is only one elected member endorsed by the party
- $160,600
if there are only two elected members endorsed by the party
- $200,600
if there are only three elected members endorsed by the party
- $200,600
if there are more than three elected members endorsed by the party plus $32,200
for each such member in excess of three up to a maximum of 22 members[4]
and
- $60,600
for independent elected members.
New Parties Fund
The
New Parties Fund is available for registered political parties for which
policy development expenditure is incurred and who are not eligible to receive
funding under the administration fund.
The indexed maximum amounts payable in 2022 are 70 cents for
each first preference vote received by any candidate at the previous State
election who was endorsed by the party, or $13,300, whichever is the greater.
Victoria
Amendments to the Victorian Electoral
Act 2002 in July 2018 increased the per-vote public funding and
implemented both administrative and policy development funding schemes for
parties, seemingly modelled on the NSW approach. All funding amounts are CPI-indexed.
Public funding
Candidates and political parties are eligible for indexed
public funding paid at $6.49 per Legislative Assembly vote and $3.24 per
Legislative Council vote for 2022–23, up from $1.668 per vote (as of 31 October
2015, the last by-election for which the rate was published) where the
candidate or party received more than four per cent of the first preference
vote or are elected. Candidates and parties are required to submit a statement
to the Victorian Electoral Commissioner as to the amount of
electoral expenditure incurred in relation to the election and public
funding is only payable up to the amount of election expenditure. The Victorian
Government announced in July 2022 that ‘parties will need to fulfil minimum
requirements of party administration to qualify for public funding’, including
memberships paid by traceable means and photo ID checks for new members,
however at the time of publication had not yet introduced legislation to effect
those changes.
Administrative expenditure funding
The administrative funding is paid quarterly to parties and
independents based on their representation in Parliament and cannot be used for
electoral expenditure or paid into a state campaign account. The rate is $216,210
annually for independents and for the first candidate elected in a party, $75,660
for the second candidate and $37,850 for the third through 45th candidates.[5]
Recipients must provide a return, accompanied by an audit certificate, to the
VEC annually stating whether they have incurred expenses more or less than the
claimable amount, and if less repay the difference.
Policy development funding
Policy development funding is available to registered
political parties who are not eligible for either public funding or
administrative funding and is payable annually to the amount of $1.08 per vote
or $27,020, whichever is greater. In order to claim the funding a party must
submit an audited statement to the VEC that it has incurred spending to the
eligible amount.
Queensland
Queensland state elections involve both per-vote public
funding and policy development funding.
Public funding
The election
funding amount is calculated as an amount per formal first preference vote
for political parties or candidates who receive more than four per cent of the
total number of formal first preference votes (this was dropped from the
previous level of six per cent on 1 July 2022). The amounts are CPI-adjusted
from 1 July each year. From 1 July 2022 the rates are $6.00 for registered
political parties and $3.00 for candidates. If the electoral expenditure of the
party or candidate is less than the amount calculated based on the number of
votes, the lesser amount is paid.
Policy development funding
Policy development funding is available each financial year
to parties who were registered at the last state general election and have at
least one elected member endorsed by the party for the financial year. The
policy development funding is drawn from a pool of $3m, and the share for each
party is calculated
on the basis of their proportion of the first preference vote gained by each
endorsed candidate who received more than six per cent of the first preference
vote. The total amount of the pool of funding is defined under
regulation.
South Australia
Public funding
South Australia has a unique opt-in system whereby a
political party or candidate can lodge a certificate to participate in the public
funding scheme. Those parties and candidates who elect to receive public
funding are also subject to an expenditure cap, and payment of public funding
cannot exceed the candidate or party’s actual electoral expenditure.
Eligibility for public funding for a lower house election is 4 per cent of the
eligible primary vote and 2 per cent for the upper house.
The funding payable is (indexed for the 2022–23 financial
year):
- for
a member of Parliament not endorsed by a registered political party at the
dissolution of the Parliament, $3.51 for each formal first preference vote
- for
a candidate or group endorsed by a registered political party that has at least
one member in either House at the dissolution of the Parliament, $3.51 for each
formal first preference vote and
- for
all other candidates and groups not falling within the above two categories,
$4.09 for every formal first preference vote up to 10 per cent of the votes, and
then $3.51 for the remainder of the votes.
The expenditure
cap for those parties and candidates who opt into the public funding scheme
is $583,730 for parties only running candidates in the Legislative Council or $87,560
for each of the 47 House of Assembly districts plus up to $583,730 for
Legislative Council candidates (leading to a maximum cap of $4,699,050). The
cap amounts are indexed.
For the 2022 SA state election, the major political parties
and many smaller parties contesting the election lodged a certificate to be included
in the public funding scheme.
Special assistance funding
SA also has a ‘special
assistance funding’ scheme for registered political parties that have at
least one member of the party who is also a member of Parliament. The amount is
paid half-yearly and is for the administrative expenditure incurred by the
party, up to:
- $39,030
(indexed) in the case of a party with five or fewer members of Parliament or
- $66,908
(indexed) in the case of a party with six or more members of Parliament.
The special assistance funding cannot be used for political
expenditure.
Western Australia
Reimbursement of election expenditure is available for
candidates and political parties contesting WA state elections provided that
the candidate or party receives more than four per cent of the first preference
vote. As of 1 July 2022,
the indexed amount reimbursed is $2.136827 per valid first preference vote up
to the amount of the election expenditure. Administrative funding is not
available for candidates and parties contesting WA state elections.
Tasmania
Tasmania
does not operate a public funding scheme or administrative funding for state
elections.
The Government’s proposed Electoral
Disclosure and Funding Bill 2021, discussed above, would implement a
per-vote public funding payment for House of Assembly elections, where the
candidate or their party is elected or receives at least four per cent of the
vote. The funding rate would start at $6 per vote and is indexed and will be a
reimbursement for electoral expenditure. Administrative funding would also be
available of $132,218 for parties of six or more MPs, or $77,128 for parties
with two to five MPs and $38,564 for a single MP or independent member.
Australian Capital Territory
Public funding
The ACT provides public funding in respect of territory
elections for political party candidates and ungrouped candidates at the rate
of $9.16080
per first preference vote (from 1 July 2022 to 31 December 2022). Ungrouped
candidates are eligible for public funding if they achieve at least four per
cent of the vote in the electorate, and party candidates are eligible if the
party’s candidates together receive at least four per cent of the vote in the
electorate. Public funding is not on a reimbursement basis and in February 2022
the ACT Government stated there were questions as to whether the level of
public funding met
community expectations after the Canberra Liberals claimed the Greens made
a profit from the 2020 election campaign.
Administrative funding
Parties and non-party candidates with representation in the
ACT Legislative Assembly are eligible for
administrative funding paid at an amount of $5,996.99 per quarter for each
member of the Assembly (MLA) (as of 2022, indexed yearly). If an MLA is in the
Assembly for only part of the year, then the amount is calculated based on the
number of days the individual was an MLA.
Northern Territory
The NT does not have a public funding scheme or an
administrative funding scheme. As noted above, a 2018 report commissioned by
the Government has recommended adopting a public funding scheme, however such a
scheme has not yet been legislated.
Appendix A: Election funding and
disclosure settings
|
Federal |
NSW |
Vic |
Qld |
SA(a) |
WA |
Tas(b) |
ACT |
NT |
Gift disclosure threshold |
$15 200 |
$1 000 |
$1 080 |
$1 000 |
$5 576 |
$2 600 |
✗ |
$1 000 |
$1 500 |
Loan disclosure
threshold |
$15 200 |
$1 000 |
$1 080 |
$1 000 |
$5 576 |
- |
✗ |
$1 000 |
$1 500 |
Threshold indexation |
✓ |
✗ |
✓ |
✗ |
✓ |
✓ |
- |
✗ |
✗ |
Donation cap
(to party) |
✗ |
$7 000 |
$4 320 |
$4 000(d) |
✗ |
✗ |
✗ |
✗ |
✗ |
Donation cap period |
- |
Yearly |
4 years |
- |
- |
- |
- |
- |
- |
Donor returns
required |
✓ |
✓ |
✓ |
✓ |
✓ |
✗ |
✗ |
✗ |
✓ |
Expenditure cap (max for
party) |
✗ |
$12.3m |
✗ |
$8.9m |
$4.4m |
✗ |
✗ |
$1.07m |
$1.04m |
Expenditure cap
indexed |
- |
✓ |
- |
✓ |
✓ |
- |
- |
✓ |
✓ |
Per seat expenditure cap |
✗ |
$66.4k |
✗ |
$96k |
~$83k |
✗ |
✗ |
✗ |
✗ |
Expenditure
caps for third parties |
✗ |
$12.3m |
✗ |
$1m |
✗ |
✗ |
✗ |
$42 750 |
✗ |
Expenditure caps for
associated entities |
✗ |
✓ |
✗ |
✗ |
✗ |
✗ |
✗ |
$42 750 |
✓ |
Third-party
campaigner returns |
✓ |
✓ |
✓ |
✓ |
✓ |
✓ |
✗ |
✓ |
✓ |
Anonymous donations
threshold |
$1 000 |
$1 000 |
$1 080 |
$1 000 |
$200 |
$2 600 |
✗ |
$1 000 |
$1 000 |
Banned donor
industries |
✗ |
✓(c) |
✗ |
✓(e) |
✗ |
✗ |
✗ |
✓(e) |
✗ |
Foreign donation
restrictions |
✓ |
✓ |
✓ |
✓ |
✗ |
✗ |
✗ |
✗ |
✗ |
Expenditure
reporting |
✗ |
✓ |
✓ |
✓ |
✓ |
✓ |
✗ |
✓ |
✓ |
Campaign account |
✓ |
✓ |
✓ |
✓ |
✓ |
✗ |
✗ |
✗ |
✓ |
Per vote public
funding |
$2.87 |
$4.66(f) |
$6.49(g) |
$3.36 |
$3.35 |
$2.1368 |
✗ |
$8.85 |
✗ |
Public funding vote
threshold |
4% |
4% |
4% |
4% |
4% |
4% |
- |
4% |
- |
Public funding capped to expenditure |
✓ |
✓ |
✓ |
✓ |
✓ |
✓ |
- |
✗ |
- |
Administrative
funding (max) |
✗ |
~$3.6m |
~$1.9m(h) |
$3m(i) |
$66 109 |
✗ |
✗ |
~$600k(j) |
✗ |
Other public funding
sources |
✗ |
✓ |
✓ |
✗ |
✗ |
✗ |
✗ |
✗ |
✗ |
Election
donation reporting |
✗ |
21 days |
21 days |
✓(k) |
Weekly |
✓ |
✗ |
Weekly |
5 days |
Other reporting cycle |
Annual |
Half-yearly |
Annual |
Half-yearly(l) |
Half-yearly |
Annual |
✗ |
Annual |
Annual(m) |
Notes: As applicable to political parties. Rules for candidates
or upper-house non-party groups may vary. Indexed amounts as per the date of
publication or most recent amounts as published by the relevant electoral
commission.
(a) For parties that have opted into the SA public funding
scheme.
(b) Tasmanian Legislative Assembly elections only. Different
rules apply for Legislative Council elections.
(c) Property developers, gambling, tobacco, liquor industries
or persons closely associated.
(d) A donation cap of $4,000 to parties and $6,000 to
candidates during the period of one general election to the next general
election.
(e) Property developers
(f) For votes in the Legislative Assembly; a rate of $3.50 per
vote applies in the Legislative Council.
(g) For votes in the Legislative Assembly; a rate of $3.24 per
vote applies in the Legislative Council.
(h) An amount of $216,210 for the first member, $75,660 for the
second and $37,850 for the third through 45th.
(i) Divided between eligible parties.
(j) An amount of $5,996.99 quarterly per MLA, with a total of
25 MLAs in the Assembly.
(k) Gifts over the disclosure threshold at any time must be
reported within seven days.
(l) Expenditure only.<
(m) Six monthly reporting in the year prior to the election,
quarterly reporting in the first half of the election year and increased
reporting frequency into the election period.
[1].
Associated
entitles are organisations that are controlled by, operated for, or have
voting rights or are financial members of a political party.
[2].
Other receipts are any amounts received other than donations, including
income from sales of goods or services, interest on bank accounts, and public
funding.
[3].
Throughout this paper the term ‘candidate’ is used to mean a non-party or
independent candidate, and ‘group’ is used to mean a group of non-party
candidates who have chosen to be listed together, particularly on an upper
house ballot paper.
[4].
For a maximum of $3,636,000 per year: ($200,600 + ($32,200 x 22)) x
4.
[5].
For a maximum of $1,881,570 (216,210 + 75,660 + (37,850 * 42)).
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