Acceptable action

Is taken in relation to a gift if any one of the following actions is taken:

• an amount equal to the amount or value of the gift is transferred to the Commonwealth;
• the gift is returned to the donor or person who made the gift; or
• an amount equal to the amount or value of the gift is returned to the donor or person who made the gift.

See Acceptable action period.

302B

Acceptable action period

If the gift is not made to, or for the benefit of, a candidate in an election or by-election, the acceptable action period is 6 weeks beginning from the day the gift is made.

If a gift is made to, or for the benefit of, a candidate in an election or by-election, the acceptable action period is the period of 6 weeks beginning on whichever is the later of:

• the day the gift was made; or 
• the earlier of:
  •  the day the candidate announced they would be a candidate in that election or by-election, or
  •  the day the person nominated as a candidate.

See Acceptable Action.

302B

Acceptable donor action

If a donor makes a gift that exceeds an applicable gift cap the donor can take acceptable donor action in relation to a gift by requesting in writing that the recipient return to the donor:

• the gift; or
• an amount equal to the value by which the gift exceeds the applicable gift cap.

302B

Acceptable expenditure action

Acceptable expenditure action is taken in relation to an amount of electoral expenditure if:

• the amount of expenditure is cancelled or reversed; or
• the recipient of the expenditure repays an equivalent amount to the person or entity that incurred the expenditure; or
• if the person or entity is a member of a registered political party’s expenditure group, the member of that group that incurred the expenditure, or another member of that group, transfers an equivalent amount to the Commonwealth or
• in relation to a cap for Independent House candidate or members, Independent Senate candidates or Senators, significant third parties, associated entities and third parties. The person or entity that incurred the expenditure transfers an equivalent amount to the Commonwealth.

302ALE

Acceptable recipient action

If a recipient receives a gift that exceeds an applicable gift cap, the recipient can take acceptable recipient action in relation to that gift by:

• returning the gift or an amount equal to the amount or value by which the gift exceeds the applicable gift cap to the donor, or
• transfer an amount equal to the amount or value of the gift or the amount or value that exceeds the applicable gift cap to the Commonwealth.

302B

Administrative assistance funding

Administrative assistance funding (AAF) provides public funding to eligible registered political parties, independent members of the House of Representatives and independent Senators to assist with administrative expenditure.

Division 3AA

Administrative expenditure

The Electoral Act establishes the categories of payments for which administrative assistance funding can be used. Administrative expenditure may include, but is not limited to:

• general administration and management costs for running the day-to-day operations of the party or independent member’s office such as office supplies, accounting services, and administrative staff salaries
• policy meetings and event expenses for conferences, seminars, or meetings where party or member policies are discussed or developed such as venue hire for a policy workshop
• costs for auditing financial accounts or audits related to claims and disclosures under Part XX of the Electoral Act such as fees paid to a registered company auditor for annual compliance checks
• expenditure incurred to meet obligations under the Electoral Act such as costs for preparing and lodging annual returns).

287AAA

Administrative expenditure audit

An audit of administrative expenditure incurred by a person or entity during a calendar year. They are conducted by a registered company Auditor (withing the meaning of the Corporations Act 2001), in accordance with applicable auditing standards and that meets certain other requirements.

311

Administrative expenditure audit certificate

An administrative expenditure audit certificate is required by a person or entity that was paid administrative funding during the calendar year.

The administrative expenditure audit certificate must be lodged with the Annual Return by the person or entity and must meet requirements set out in the Electoral Act.

311

Advance Election Funding

Regulations may provide for an amount to be paid, after a qualifying election is held, as an advance on election funding that may become payable in relation to a future election.

At the time of publication, regulations are not yet made.

298J

Annual gift

A gift made for a federal purpose in a calendar year. An annual gift does not include a by-election gift or Senate-only election gift.

See Federal purpose.

302B

Annual gift cap

The annual gift cap is the cap on the total amount or value of all gifts a person or entity (the recipient) can receive, or a donor can give, for a federal purpose in a calendar year.

Effective 1 January 2027, is $50,000 (indexed annually).

302A
302B

Annual return

Annual returns report information from the previous calendar year.

Information required includes money received (such as gifts), money paid (including electoral expenditure incurred), amounts of outstanding debts and certain other matters.

 307A

Approved form

A form approved by the Electoral Commissioner and published by the AEC, or a means of giving notice, that has been approved by the Electoral Commissioner.

 4

Associated Entity

An associated entity is an entity (other than a political entity) that has a certain type of connection with one or more registered political parties.

For example, being controlled by, or operating mainly for the benefit of the party; being a financial member of a party, or having voting rights in the party.

See section 287H for more detail on the types of connection.

287(1)
287L
287H

By-election cap

The by-election cap limits the amount of electoral expenditure that a registered political party and its expenditure group can incur for the purposes of a by-election. See Electoral expenditure caps.

The by-election cap is 120% of the Divisional cap that applies on the day the writ for the by-election is issued.

302ALA

By-election gift cap

A by-election gift cap is a cap on the total amount or value of all gifts that a person or entity (the recipient) can receive, or a donor can give for the purposes of a by-election, during the by-election period.

A gift made for a by-election does not count towards the annual gift cap, the overall gift cap or the State and Territory gift cap in which the by-election is held.

Effective 1 January 2027, the by-election gift cap is $50,000 (indexed annually).

302B
302CB

By-election period

The period beginning on the day the writs for the by-election are issued; and ending on polling day for the by-election.

302ALA

Campaign committee

A campaign committee, in relation to a candidate or group, means a body of persons appointed or engaged to form a committee to assist the campaign of the candidate or group in an election.

287A

Candidate

Generally, a person standing for election to the Senate or the House of Representatives.

For the purpose of Part XX in particular a person becomes a candidate on the earlier of the following

• the day they announced they are a candidate in the election
• the day the person nominated as a candidate in the election
• the day they receive a gift for their election campaign above the $5,000 disclosure threshold
• the day the total value of gifts received from the same donor, for their election campaign is above the $5,000 disclosure threshold
• the day the person incurs electoral expenditure for their election campaign above the disclosure threshold.

287(9)

Capital contributions

Amounts paid to or for the benefit of one or more registered political parties with funds generated from capital of an associated entity or nominated entity.

310L

Capped entity by-election cap

The capped entity by-election cap limits the amount of electoral expenditure that a capped expenditure entity can incur for the purposes of a by-election. See Capped expenditure entity and Electoral expenditure caps.

The capped entity by-election cap is 120% of the capped entity Divisional cap that applies on the day the writ is issued for the by-election.

302ALA

Capped entity cap

The capped entity cap limits the amount of electoral expenditure that a capped expenditure entity can incur in a calendar year. See Capped expenditure entity and Electoral expenditure caps.

Effective 1 January 2027, the capped entity cap is $11,250,000 (indexed annually).

302ALA

Capped entity Divisional cap

The capped entity Divisional cap limits the amount of electoral expenditure that a capped expenditure entity can target to a Division in a calendar year. See Capped expenditure entity and Electoral expenditure caps.

Effective 1 January 2027, the capped entity Divisional cap is $100,000 per Division (indexed annually).

302ALA

Capped entity Senate base amount

Effective 1 January 2027, the capped entity Senate base amount is $25,000 (indexed annually).

See Capped expenditure entity and Electoral expenditure caps.

302ALA

Capped entity Senate cap

The capped entity Senate cap limits the amount of electoral expenditure that a capped expenditure entity can target to a State or Territory in a calendar year. See Capped expenditure entity and Electoral expenditure caps.

The capped entity Senate cap for a State or Territory is calculated by multiplying the capped entity Senate base amount by the number of Divisions in the State or Territory.

302ALA

Capped entity Senate-only election cap

The capped entity Senate-only cap limits the amount of electoral expenditure that a capped expenditure entity can incur for the purposes of a Senate-only election. See Capped expenditure entity and Electoral expenditure caps.

The capped entity Senate-only election cap is 120% of the capped entity Senate cap that applies on the day the writ is issued for the Senate-only election.

302ALA

Capped expenditure entity

A capped expenditure entity refers to any of the following entities to which an expenditure cap applies:

• a significant third party
• an associated entity
• a third party.

See Electoral expenditure caps.

302ALA

Civil penalty

A court-imposed financial penalty for contraventions of civil penalty provisions. A civil penalty is a pecuniary (or monetary) penalty imposed by courts exercising a civil rather than criminal jurisdiction.

Penalties for breaching the civil penalty provisions are imposed in the form of penalty units.

4

Commercial interest rate

A commercial interest rate relates to a loan and refers to an annual interest rate that is at least 1.5 percentage points above:

• the cash rate target published by the Reserve Bank of Australia (RBA) that is in effect on the day the loan is made; or
• if the RBA no longer publishes an interest rate called the cash rate target – the interest rate published by the RBA that is substantively the same as the cash rate target and is in effect on the day the loan is made.

287

Connected to a State or Territory

A person or entity is connected to a State or Territory if the person or entity is any of the following:

1. a political party that is a State branch in the State or Territory
2. a member of the House of Representatives for a Division in the State or Territory
3. a Senator for the State or Territory
4. a candidate in a general election for a Division in the State or Territory
5. a candidate in a Senate election for the State or Territory
6. a nominated entity of a registered political party covered by (a) above.

302CJ(2)

Debt

Debt is any sum for which a legal obligation to pay exists as at the end of the calendar year.

Examples include, but are not limited to loans, mortgages, leases, unpaid invoices and goods and services received but not yet paid for.

Disclosure

Disclosure is the reporting of information to the Australian Electoral Commission by certain individuals and entities.

Disclosure threshold

The disclosure threshold is the dollar amount/value that determines when a disclosure must be reported in a donation disclosure notice (DDN) or a relevant part of an annual return.

Effective 1 January 2027, the disclosure threshold is $5,000 (indexed on 1 January after each Federal Election)

 287(1)

Discretionary benefits

Discretionary benefits may include, but are not limited to, grants, contracts and other benefits requiring the exercise of discretion by the Commonwealth.

Discretionary benefits do not include statutory entitlements such as election funding or job keeper payments.

Disposition of property

Any conveyance, transfer, assignment, settlement, delivery, payment or other alienation (transfer of ownership) of property, assets or money.

This includes creating a trust in property, leasing or mortgaging a property, giving up an interest in property. It also includes a transaction that diminishes the value of one’s property in favour of another.

See section 287(1) for more information.

287(1)

Division

Otherwise known as an electoral division or electorate. A geographical area of Australia represented by a member of Parliament elected at a House of Representatives election.

Divisional cap

The Divisional cap limits the amount of electoral expenditure that a registered political party and its expenditure group can target to a Division in a calendar year.  

Effective 1 January 2027, the Divisional cap is $800,000 per Division (indexed annually).

See Expenditure group and Targeted expenditure and Electoral expenditure caps.

302ALA

Donation

See Gift.

Donation Disclosure Notice (DDN)

A donation disclosure notice (DDN) is a formal notice to the AEC by either a recipient or a donor. A DDN provides details of donations above the disclosure threshold which are made for a federal purpose, or certain other gifts, that must be disclosed under the Electoral Act.

Donor

A person or entity who makes a gift for a federal purpose to any of the following:

• Members of the House of Representatives
• Senators
• registered political parties
• a State branch of a registered political party
• candidates in an election or by election
• significant third parties
• associated entities
• nominated entities
• third parties.

See Federal purpose.

Election funding

The reimbursement of electoral expenditure incurred in a federal election or by-election to eligible political parties, candidates and Senate groups.

Election period

The period commencing on the day of issue of the writ for the election and ending at the latest time on polling day at which an eligible voter in Australia could enter a polling booth for the purpose of casting a vote in the election.

See by-election period.

287(1)

Electoral expenditure

Subject to various exceptions, electoral expenditure is defined to mean expenditure incurred for the dominant purpose of creating or communicating electoral matter. It is also expenditure incurred by or with the authority of particular entities in relation to a federal election.

Refer to section 287AB of the Electoral Act for further information, including examples of what may, or may not be, electoral expenditure.

287AB

Electoral expenditure caps

Electoral expenditure caps limit the amount of electoral expenditure that a political participant can incur each calendar year.

The electoral expenditure cap is different for each person or entity type.

Division 3AB

Electoral matter

This is generally, matter communicated, or intended to be communicated, for the dominant purpose of influencing the way eligible voters cast their vote in a federal election.

Refer to section 4AA of the Electoral Act for further information.

4AA

Expedited notice period

Expedited notice period for an election or by-election means the period inclusive of  7 days before to 7 days after polling day.

303

Expenditure caps

See Electoral expenditure caps.

Expenditure group

The expenditure group for a registered political party is made up of the following core members:

• the group owner (the main party itself)
• its State branches (even if those branches are not separately registered)
• any candidates the group owner or its State branches endorse
• any current members of the House of Representatives or Senators who belong to the group owner or its State branches
• any nominated entity of the group owner or its State branches.

The expenditure group for a registered political party also includes:

• any other registered political parties that are considered part of the group owner because they are related to the group owner (but are not State branches of the group owner)
• any candidates, members of the House of Representatives, Senators, or nominated entities linked to these related (but not State branch) parties.

302ALF(1)

Express coverage matter

Express coverage matter for a Division, State or Territory is electoral matter that:

• is communicated to electors enrolled in the Division, State or Territory; and
• expressly mentions either or both of the following:
• the name or includes an image or likeness of a candidate for election to the House of Representatives for the Division or the Senate for the State or Territory
• the Division or a Senate election for the State or Territory.

See Electoral matter.

302ALC(3)

Federal account

A designated Australian bank account used for electoral expenditure.

All monetary gifts made for a federal purpose must be credited into a federal account. Entities can have more than one federal account, as long as they notify the AEC.

287(1)

Federal administrative account

An Australian bank account that meets the requirements of the Electoral Act and is only used for a Federal administrative purpose.

287(1)

Federal administrative purpose

For the purpose of incurring administrative expenditure.

287(1)

Federal cap

The Federal cap limits the amount of electoral expenditure that a registered political party and its expenditure group can incur in a calendar year. See Electoral expenditure caps.

Effective 1 January 2027, the Federal cap is $90 million (indexed annually).

302ALA

Federal purpose

For the purpose of incurring electoral expenditure or creating or communicating electoral matter.

287(1)

Financial controller

A financial controller of a person or entity is (subject to s 292F):

• the secretary of the company, if the person or entity is a company
• the trustee, if the person or entity is the trustee of a trust
• in other cases, the person responsible for maintaining the financial records of the person or entity.

287(1)

Foreign donation

A gift made by a foreign donor.

See Foreign donor.

Foreign donor

A foreign donor can be:

• a part of, or wholly a body politic of a foreign country, or part of a foreign country
• a foreign public enterprise
• an entity (whether or not incorporated) that does not meet any of the following conditions:
• the entity is incorporated in Australia
• the entity’s head office is in Australia
• the entity’s principal place of activity is, or is in, Australia
• an individual who is none of the following:
• an elector
• an Australian citizen
• an Australian resident
• a New Zealand citizen who holds a Subclass 444 (Special Category) visa under the Migration Act 1958 (or if that Subclass ceases to exist, the kind of visa that replaces that Subclass).

287AA

Gift

Any disposition of property made by a person or entity to another person or entity, being a disposition made without consideration in money or money’s worth or with inadequate consideration and includes the provision of service for no consideration or for inadequate consideration. A gift includes a donation under the Electoral Act.

Making a gift
A gift is ‘made’ when the donor no longer has control over the gift and takes all necessary steps to affect the transfer of the gift to the recipient.

Receiving a gift
A person or entity ‘receives’ a gift at the time when the recipient acquires actual possession of the gift and can exercise control over the gift.  For example, a monetary gift provided by an electronic transaction would be received at the time the funds enter a bank account and are able to be controlled by the recipient.

Refer to s 287AAB for further information, including specific inclusions and exclusions from the meaning of gift.

287AAB(1)

Gift cap

A cap on the total amount or value of gifts that a person or entity (the donor) can give, or a person or an entity can receive (the recipient) for a federal purpose in a calendar year.

See:
Annual gift cap
Overall gift cap
State and Territory gift cap
By-election gift cap
Senate only election gift cap

302B

Gifts in-kind

Gifts-in-kind are goods or services given for which no payment (in cash or in kind) or inadequate consideration is made.

Inadequate consideration is where the benefits obtained by the recipient are clearly of a greater value than the payment made. Inadequate consideration includes discounts provided that are over and above those that would be offered under normal commercial arrangements.

House of Representatives

One of the two houses of the Commonwealth Parliament. It is the house in which the Australian Government is formed. Each division elects one Member of the House of Representatives.

How-to-vote card

Printed materials offered to voters by party and campaign workers at polling places displaying how a party or a candidate would like voters to cast their vote.

4(1)

Incurred

Electoral expenditure is incurred when a definitive liability to make a payment accrues.

Generally, this is when the relevant goods or services are supplied or provided to the relevant entity, regardless of when they are invoiced or paid.

Independent member

A person is an independent member if the person:

• is a member of the House of Representatives or a Senator; and
• is not a member of a registered political party.

287(1)

Independent House of Representatives by-election cap

The Independent House of Representative by-election cap limits the amount of electoral expenditure an Independent House of Representatives candidate or member can incur in a by-election. See Electoral expenditure caps.

The cap is 120% of the Divisional cap that applies on the day the writ is issued for the by-election.

Effective 1 January 2027, the Divisional cap is $800,000 per calendar year. 

302ALA

Independent House of Representatives cap

The Independent House of Representative cap limits the amount of electoral expenditure an Independent House of Representatives candidate or member can incur in a calendar year. See Electoral expenditure caps.

The Independent House of Representatives cap is the same value as the Divisional cap. 

Effective 1 January 2027, the Divisional cap is $800,000 per calendar year.

302ALA

Independent Senate candidate or Senator

An independent Senate candidate or Senator is:

• a candidate for election to the Senate, for a State or Territory; or
• a Senator for a State or Territory; and
• who is not endorsed by, or a member of, a registered political party.

302ALA

Independent Senate cap

The Independent Senate cap limits the amount of electoral expenditure an Independent Senate candidate or Senator can incur in a calendar year. See Electoral expenditure caps.

The amount of the Independent Senate cap is calculated by:

1. multiplying the Senate base amount by the number of Divisions in the State or Territory; and
2. dividing the result of paragraph (a) above by:
   1. for a State—6; or
   2. for a Territory—2.

302ALA

Indexation

The calculation methodology used for indexing required amounts within Part XX of the Electoral Act in accordance with sections 321, 321A, 321AA, 321AB, 321AC.

321
321A
321AA
321AB
321AC

Internal party transactions

Specified financial transactions between a party and its units (for example local branches) or bank accounts held by a party and its units.

Jointly endorsed groups

Candidates in a Senate election who have been endorsed by different registered political parties and who wish to have their names grouped in the Senate ballot papers.

287(1)

Liable person

The person responsible for monitoring expenditure caps of the relevant entity.

The liable person is subject to civil penalties if a relevant electoral expenditure cap is exceeded in a calendar year.

See the relevant expenditure cap guidelines for further information on the liable person.

302ALA

Loan

A loan refers to any of the following:

• an advance of money
• a provision of credit or any other form of financial accommodation
• a payment of an amount for, on account of, on behalf of or at the request of, a person or entity, if there is an express or implied obligation to repay the amount
• a transaction (whatever its terms or form) which in substance effects a loan of money.

287(1)

Member

A term used for any person elected to the Commonwealth Parliament, but more commonly used for those elected to the House of Representatives.

Nominated Entity

An entity that is nominated by a registered political party. The nominated entity, among certain other things:

• is incorporated in Australia
• has its head office or principal place of operations in Australia
• operates wholly or to a significant extent, for the benefit of one or more registered political party including the applicant party
• is not a political entity
• has consented to be registered as the nominated entity for the applicant party
• is not registered as the nominated entity for another registered political party.

287MB

Overall gift cap

The overall gift cap is 32 times the annual gift cap. The cap limits the overall amount or value of gifts for a federal purpose that a donor can make to an overall gift cap entity in a calendar year. This amount is adjusted annually when the annual gift cap is indexed.

Effective 1 January 2027, the overall gift cap is $1,600,000 (indexed annually).

302B

Overall gift cap entity

Overall gift cap entities are entities where a gift for a federal purpose made to them by a donor, are subject to the donor's overall gift cap. An overall gift cap entity includes a:

• registered political party
• State branch of a registered political party
• Member of the House of Representatives
• Senator
• candidate
• nominated entity.

 302CI

Party agent

A person appointed by a political party as party agent and whose name and address is recorded in the AEC’s Register of Party Agents.

288

Party unit

See campaign committee.

Peak Representative Body

A peak representative body represents the shared interests of other organisations, that are its members, branches and/or affiliates. It may also be a significant third party, an associated entity or a third party. A peak representative body also meets certain other requirements set out within the Electoral Act.

287(1)

Penalty unit

Has the meaning of subsection 4AA(1A) of the Crimes Act 1914 (Cth).

Political entity

A political entity is any of the following:

• a registered political party,
• a state branch (as defined in Part XX) of a registered political party,
• a candidate (as defined in Part XX) in an election (including a by-election),
• a member of a group (as defined in Part XX).

4

Political Party

An organisation representing a group of people with similar ideas or aims. Parties registered with the AEC are eligible to have the party affiliation of their endorsed candidates printed on ballot papers.

See Registered political party.

Polling day

The day on which the election will be held, in relation to an election or by-election.

303

Recipient

A recipient includes:

• a registered political party
• a state branch of a registered political party
• a member of the House of Representatives
• a Senator
• a candidate
• an associated entity
• a significant third party
• a nominated entity
• a third party.

Registered charity

An entity registered under the Australian Charities and Not-for-profits Commission Act 2012.

Registered Officer

A person nominated by a registered political party to be the registered officer for the purposes of the Commonwealth Electoral Act 1918.

4C

Registered political party

A political party registered under Part XI of the Electoral Act with the AEC (including registered State and Territory branches). Registration with a State or Territory electoral authority does not confer federal registration.

Part XI

Regulated entity

A regulated entity means:

• a political entity, a significant third party or a third party (s 302CA); and
• a political entity, a significant third party, a third party, an associated entity or a nominated entity (s 314B); and
• a political entity, a member of the House of Representatives or a Senator, a significant third party, a third party, an associated entity or nominated entity (s 314C and s 314D).

287(1)

Related body corporate

Section 50 of the Corporations Act 2001 provides that where a body corporate is:

• a holding company of another body corporate; or
• a subsidiary of another body corporate: or
• a subsidiary of a holding company of another body corporate
• the first-mentioned body and the other body are ‘related’ to each other.

287(6)

Related entity

For the purposes of the annual, by-election, and Senate-only election gift cap provisions, each of the following is related to a registered political party:

• a member of the House of Representatives who is a member of the registered political party
• a Senator who is a member of the registered political party
• a candidate who is endorsed by the registered political party
• the nominated entity (if any) registered as the registered political party’s nominated entity, as set out in the Transparency Register at the time the relevant gift is made.

302BA(4)

Responsible person

The person or entity who must comply with an obligation under Part XX of the Electoral Act.

A responsible person that fails to comply with an obligation may be subject to a penalty.

Refer to relevant guidelines for details of the responsible person for relevant obligations under Part XX of the Electoral Act.

See Liable person.

302CC
303A

Scheme

Means (except in section 287E):

• any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable by legal proceedings; and
• any scheme, plan, proposal, action, course of action or course of conduct, whether unilateral or otherwise.

287(1)

Senate base amount

Effective 1 January 2027, the Senate base amount is $200,000 (indexed annually).

302ALA

Senate cap

A Senate cap is a cap that limits the amount of electoral expenditure a registered political party and its expenditure group can target to a State or Territory in a calendar year. See Electoral expenditure caps.

For a State or Territory, means the Senate base amount is multiplied by the number of Divisions in the State or Territory.

See Senate base amount.

302ALA

Senate group

A group of two or more candidates for election to the Senate who have made a request under s 168 of the Electoral Act for their names to be grouped in the ballot papers.

168
302ALB
302CAA

Senate-only election gift cap

The total amount or value of all gifts a donor can give a recipient or their related entity for the purpose of a Senate-only election during the Senate-only election period. This amount is indexed annually. See Electoral expenditure caps.

Effective 1 January 2027, the Senate-only election gift cap is $50,000 (indexed annually).

302B

Senate-only election Independent Senate cap

The Senate–only Independent Senate cap limits the amount of electoral expenditure an Independent Senate candidate or Senator can incur in relation to a Senate-only election.

For a State or Territory, this means 120% of the Independent Senate cap for the State or Territory.

See Independent Senate cap and Electoral expenditure caps.

302ALA

Senate-only election period

Is a period that begins on the day the writs for the election are issued and ends on the polling day for the Senate-only election.

302ALA

Senate-only election cap

The Senate-only election cap limits the amount of electoral expenditure a registered political party and its expenditure group can target to a State or Territory in a Senate-only election.

This is 120% of the Senate cap for the State or Territory.

See Senate cap and Electoral expenditure caps.

302ALA

Significant third party

A person or entity (other than a political entity, a member of the House of Representatives or a Senator) to which, among other things, one of the following applies:

• the amount of electoral expenditure incurred by, or with the authority of, the person or entity in the current or any of the previous three calendar years is $250,000 or more; or
• the amount of electoral expenditure incurred by, or with the authority of, the person or entity:
• during that calendar year, exceeds the third-party threshold; and
• during the previous calendar year, was at least one third of the revenue of the person or entity for that year; or
• during that calendar year the person or entity operates for the dominant purpose of fundraising amounts where:
• the total amounts fundraised are more than the third-party threshold; and
• the amounts are for the purpose of incurring electoral expenditure or to be gifted to another person or entity for incurring electoral expenditure.

287F

State and Territory gift cap

Gifts made to recipients connected to a particular State or Territory are subject to the State and Territory gift cap. The State and Territory gift cap is the aggregate value of all gifts a donor may make in a calendar year in relation to a particular State or Territory, and is calculated by reference to the annual gift cap.

Effective 1 January 2027, the State and Territory gift cap is $250,000 (indexed annually)

The state and territory gift cap means five (5) times the annual gift cap.

302B

State branch

Relating to a political party, means a branch or division of the party that is organised on the basis of a particular State or Territory.

287(1)

Targeted expenditure

Electoral expenditure incurred by a person or entity is taken to be targeted to a Division, State or Territory if:

• the expenditure is incurred for the dominant purpose of creating or communicating electoral matter; and
•  the electoral matter is express coverage matter for the Division, State or Territory; and
•  is not mainly communicated:
•  for a Division – to electors enrolled outside Divisions for which it is express coverage matter; or
•  for a State or Territory – to electors enrolled outside States and Territories for which it is express coverage matter.

See Express coverage matter.

302ALC

Third party

A person or entity (except a political entity or a member of the House of Representatives or the Senate) that incurs electoral expenditure above the third party threshold in a calendar year, but is not required to be, and is not, registered as a significant third party or an associated entity.

The person or entity must also not be, at any time in that calendar year, a nominated entity.  

287(1)

Third party threshold

The threshold of electoral expenditure over which a person or entity will qualify as a third party.

Effective 1 January 2027, the third party threshold is $20,000 (indexed annually).

287(1)

Transparency Register

A public register of registered entities, information from donation disclosures, annual returns, election returns, referendum returns, enforceable undertakings and election funding. The Transparency Register is a legislated requirement under the Electoral Act for the AEC to maintain.

287E
287N