Fact sheet - Electoral expenditure cap

The ACT Legislative Assembly electoral expenditure cap

The expenditure cap is a limit on how much money can be spent by political participants on an election campaign for the ACT Legislative Assembly during an election year.

Capped expenditure period

The capped expenditure period starts on 1 January of the election year and ends on election day. For the 2024 election, this period runs from 1 January 2024 to 19 October 2024.

When is electoral expenditure said to be incurred?

The expenditure cap only applies to electoral expenditure incurred in relation to an ACT Legislative Assembly election during the capped expenditure period. However, according to the law, electoral expenditure is considered to be incurred when the service or product is actually provided or delivered, not necessarily when it is produced or paid for. For example, the cost of producing an electoral advertisement is incurred on the date that the advertisement is broadcast, not on the date that payment for the service was made. Similarly, electoral expenditure on producing printed campaign material is incurred when the pamphlets are distributed, not on the date the payment for producing the pamphlets is finalised.

Expenditure cap amounts

For the 2024 election the electoral expenditure cap is $50,135.

The expenditure cap amounts for 2024 for each category of political participant are:

• $50,135 per party candidate to a maximum of 25 candidates (5 candidates for each of the 5 electorates) for party groupings (allowing for $1,253,375 total expenditure for a party fielding 25 candidates);
• $50,135 per non-party candidate or non-party Member of the ACT Legislative Assembly (MLA);
• $50,135 per third-party campaigner; and
• $50,135 per associated entity.

Penalty for exceeding the expenditure cap

If an entity exceeds the expenditure cap, they must pay a penalty equal to twice the amount by which they exceeded the cap.

Electoral expenditure included in the cap

The expenditure cap only applies to specified categories of electoral expenditure. These are expenditure incurred on:

• Broadcasting or publishing an electoral advertisement;
• Displaying an electoral advertisement at a theatre or other place of entertainment;
• Producing an electoral advertisement referred to above;
• Producing, broadcasting, publishing, displaying or distributing any other electoral matter;
• Fees paid to consultants or advertising agents relating to electoral advertisements or other electoral matter; and
• Opinion polling and other electoral research undertaken to support the production of electoral matter.

The expenditure cap does not apply to:

• Up to a total of $6,266.88 (12.5% of the expenditure cap) of expenditure incurred on translation services, where at least 50% of the final product is in a language other than English;
• Electoral matter that is paid for by the Legislative Assembly or the Territory; or
• Administrative expenditure undertaken by political participants.

Electoral matter

The term “electoral matter” is defined by the Electoral Act 1992 (ACT) to mean matter, in printed or electronic form, that is intended or likely to affect voting at an ACT Legislative Assembly election. This includes, but is not limited to, matter which contains an express or implicit reference to, or comment on:

• The election;
• The performance of the ACT Government, the ACT Opposition, a previous ACT Government or a previous ACT Opposition;
• The performance of an MLA or a former MLA;
• The performance of a political party, a candidate or group of candidates in the election; or
• An issue submitted to, or otherwise before, the electors in relation to the election.

Gifts-in-kind

Where gifts-in-kind are used for purposes related to ACT electoral expenditure, the value of those gifts-in-kind is included in the calculation of the total amount of electoral expenditure incurred during the expenditure cap period.

Expenditure reporting requirements

After the election, party groupings, non-party MLAs, candidates, associated entities, and third-party campaigners must submit an election expenditure return within 60 days of election day (For the 2024 ACT election this is 18 December 2024).

The return requires entities to disclose against specific categories of expenditure where the expenditure is incurred during the capped expenditure period. Even if no expenses were incurred, a return must still be submitted.

Party grouping expenditure reporting

A party grouping consists of a registered political party, its MLAs, candidates, and prospective candidates. If any electoral expenditure is incurred by or on behalf of these entities, it counts towards the party grouping’s overall expenditure cap. The party must ensure its total expenditure doesn’t exceed its expenditure cap (calculated by multiplying the number of party candidates contesting the election by $50,135).

Non-party candidate expenditure reporting

A non-party candidate grouping includes the candidate and anyone else authorised to spend money on their behalf. Any expenditure by or on behalf of the non-party candidate counts towards their $50,135 cap.

Third party campaigner expenditure reporting

If an entity (other than a political party, an MLA, an associated entity, a candidate, a prospective candidate, a broadcaster, a publisher, an Australian government body or the ACT Legislative Assembly) incurs electoral expenditure of $1,000 or more during the expenditure cap period, they are considered a third-party campaigner and must submit a return detailing their electoral expenditure within 60 days of election day (18 December 2024).

Further information

For further information view the Election funding, expenditure and financial disclosure handbook.