Funding, expenditure and disclosure Information and FAQ

Updated 20 Jul 2020
Important qualification

Amendments to the Commonwealth Electoral Act 1918, that commenced on 1 January 2019, have had the effect of limiting, to a significant extent, the operation of the ACT’s funding and disclosure scheme, as legislated for by the ACT Legislative Assembly.  While the ACT’s Electoral Act 1992 funding and disclosure provisions remain unchanged, the commencement of the Commonwealth laws means that, for a gift or gifts that have been provided to an ACT registered political party that also has registration at the federal level, without the express designation by the donor that it be used for a Territory electoral purpose, or it has not been kept or identified separately by the political party for a Territory electoral purpose, the registered political party is not required under Territory law to disclose the gift particulars to the ACT Electoral Commission.  It is however, important that ACT political parties continue to comply with the ACT’s disclosure scheme, where the gift recipient keeps or identifies the gift separately in order for it to be used only for a Territory electoral purpose, or it is used within the relevant disclosure period for Territory electoral purposes, or it has been donated with the express designation that it be used for Territory electoral purposes.

It is the Electoral Commission’s view, having reviewed the various pieces of legislation, that gifts received by:

  • all candidates contesting the election;
  • ACT registered political parties that do not have registration at the federal level;
  • third-party campaigners; and
  • associated entities

each still have full unimpacted disclosure obligations under the ACT Electoral Act and are required to disclose such gifts in compliance with the obligations detailed within this manual.

Notwithstanding the effect of the Commonwealth changes upon ACT registered political parties that also have registration at the federal level, this FAQ is intended to provide ACT political parties, party grouping candidates, MLAs, non-party MLAs, associated entities, and third-party campaigners with information on the disclosure requirements outlined within the ACT’s Electoral Act.

While the information provided on this website provides an overview of the funding, expenditure and disclosure requirements imposed on political entities in the ACT, it should not be regarded as a substitute for the law on any of the topics addressed. You are advised to obtain a copy of the Electoral Act 1992 from www.legislation.act.gov.au and seek your own legal advice if necessary.

Further information can be found in the handbooks published on this website or by contacting Elections ACT directly.

Funding, expenditure and disclosure FAQ categories