Overview
A third party for a local government election is an individual or an entity, based in or outside Queensland, which makes or receives gifts (donations) or loans to an election participant. A third party also includes individuals or organisations that incur electoral expenditure related to a local government election, such as paying for political advertising.
Third parties that incur more than $6,000 in electoral expenditure toward a local government election during the election’s capped expenditure period are required to formally register with the ECQ. All third parties (both registered and unregistered) have disclosure obligations for making and receiving gifts or loans. Registered third parties must also disclose all electoral expenditure incurred for a local government election.
Registered third parties have additional financial disclosure and reporting obligations and are required to operate a dedicated local government campaign bank account.
Please click on the tabs above to find out about the requirements for third parties and donors.
Have you come across a term you don’t understand? Check our glossary for help.
Registration
The registration of third parties makes their roles and actions transparent to the public. Third parties must register with the ECQ if they incur cumulative electoral expenditure exceeding $6,000 during the capped expenditure period for a local government election.
The third-party registration process can be completed on the ECQ’s Self Service Portal, and more detail about the registration process can be found in Fact sheet 32 – Third party registration process.
The agent of a registered third party may apply to the ECQ to cancel the third party’s registration for an election if required.
Links to further information:
Appointing or changing agents
An agent is an individual responsible for ensuring an election participant’s compliance obligations under the Local Government Electoral Act 2011 are met.
A registered third party that is an organisation or entity (i.e. not an individual) must appoint an agent. A third party who is an individual does not need to appoint an agent but may choose to do so.
Links to further information:
- Fact sheet 31 – Funding and disclosure overview for third parties
- Fact sheet 3 – Funding and disclosure overview for agents
Forms:
Using a dedicated campaign bank account
Dedicated campaign bank accounts for local government elections are required to ensure transparency of financial transactions including incurring electoral expenditure.
A registered third party must use a dedicated local government campaign bank account to pay for all electoral expenditure incurred for a local government election campaign.
Bank account details must be provided within 5 business days of the third party registering with the ECQ.
There are restrictions about how amounts can be paid from the account. The use of a credit card is strictly prohibited. Any amounts remaining in the account at the end of the election can only be dealt with in certain ways (see fact sheets below).
Links to further information:
Gifts and loans
It’s important for donors and third parties in a local government election to understand what a gift or loan is so they can meet their disclosure obligations under the Local Government Electoral Act 2011.
Gifts include:
- money
- non-monetary gifts (gifts-in-kind)
- fundraising contributions
- gifted electoral expenditure.
This is not an exhaustive list. Fact sheet 10 – Definition of gifts and loans has more detailed information about the definition of gifts and loans.
Both registered and unregistered third parties have obligations to disclose gifts and loans received and made. For more information about third party disclosure obligations, please click on the Real-time disclosure requirements tab above.
Video overviews
Links to further information:
Incurring electoral expenditure and expenditure caps
The term electoral expenditure has a specific meaning for local government elections – it's incurred for a campaign purpose and can include the cost of expenses like:
- opinion polling or research
- advertisements broadcast at a cinema, on radio or television, or on the internet
- billboards and signs.
This is not an exhaustive list. All third parties and their agents should read the ECQ’s fact sheets and handbooks for more detailed information about what is and is not electoral expenditure, as not all campaign expenses will be considered electoral expenditure.
Expenditure caps apply for local government elections. The ECQ calculates and publishes the caps for each election based on electoral roll data. The ECQ publishes relevant electoral expenditure cap information for each election on its website.
The expenditure cap for registered third parties applies and is calculated separately for each local government area. The expenditure cap for one local government area cannot be aggregated with the cap of another.
For unregistered third parties, the expenditure cap amount is $6,000. This cap does not apply separately for each local government area, it is the total cap for the entire election. If this cap is reached, the unregistered third party must register and registered third party caps will then apply.
Each local government election has a capped expenditure period. During this period, a third party may only incur electoral expenses up to their capped amount. The capped expenditure period for an election will be published in the notice of expenditure caps for the election.
Video overviews
- Incurring electoral expenditure
- When is electoral expenditure incurred?
- Electoral expenditure caps for third parties (including donors)
Links to further information:
Electoral advertising
All third parties must ensure that they are aware of all regulations relating to:
- the broadcast and publication of electoral advertising
- the authorisation of electoral material.
While federal and state elections and referendums have media blackout periods, these do not apply to local government elections in Queensland. The ECQ does not regulate media blackout laws.
Links to further information:
Real-time disclosure requirements
All third parties are required to use the ECQ’s Electronic Disclosure System (EDS) during their electoral disclosure period to disclose:
- all electoral expenditure once the total amount spent reaches $500 or more
- gifts and loans of $500 or more received and used for political expenditure
- gifts and loans of $500 or more made to a candidate, group of candidates, or a registered political party of another third party for a local government election.
Disclosure returns must be lodged within 7 business days of the electoral expenditure being incurred or the gift or loan being received. This is known as real-time disclosure.
Third parties and their agents should use the fact sheets listed below and the Local Government Electoral Act 2011 to understand their disclosure obligations. Most of the information in a disclosure return is accessible by the public.
After an election, third parties must also disclose the total value of all electoral expenditure as well as gifts and loans received or made. More information is available via the Lodging an election summary return tab above.
Failure to disclose gifts, loans, or electoral expenditure within the time required is an offence under the Local Government Electoral Act 2011.
Video overviews
- Real-time disclosure requirements for third parties
- When is electoral expenditure incurred?
- Obligations of donors
Links to further information:
Record keeping
Third parties must keep all records relating to an election campaign for 5 years after the day the record is made. Third parties are subject to audit procedures and compliance activities conducted by the ECQ. There are substantial penalties for not complying with record keeping responsibilities and obligations.
Good record keeping supports full and accurate disclosure. Third parties and their agents should:
- record receipt of gifts and loans as soon as practical so they are not overlooked or forgotten
- save any paper records electronically to ensure they are not destroyed
- keep comprehensive records orderly for easy and quick retrieval
- regularly back-up electronic records
- ensure record keeping is up to date.
Links to further information:
Lodging election summary returns
Disclosure returns ensure that transfers of money used to support election participants in a local government election are transparent. Both registered and unregistered third parties are required to lodge an election summary return.
In addition to reporting of gifts, loans, and electoral expenditure in real-time, election summary returns are required after a local government election. The election summary return is a summary of gifts and loans received and made and electoral expenditure incurred for the purposes of an election. Registered third parties must include a bank statement from their dedicated local campaign account. All other gifts and loans not disclosed in real-time must also be accounted for in the election summary return, which is due 15 weeks after election day.
Video overviews
Links to further information:
Compliance
Election participants are encouraged to read about the ECQ’s Compliance Approach which includes the ECQ’s expectations of candidates and commitments to enforcing electoral laws. To report non-compliance, please check our Commitments and Expectations to ensure you are reporting the non-compliance to the correct agency.
The ECQ publishes a range of fact sheets and handbooks for election participants, including third parties and their agents. Third parties can use the ECQ website’s information to learn about third parties’ obligations under the Local Government Electoral Act 2011. Third parties and their agents should also familiarise themselves with the full content of the relevant legislation and seek independent legal advice if required.
A person who commits an offence under the Local Government Electoral Act 2011 may be subject to fines or prosecution in court, depending on the seriousness of the offence.
Links to further information: