Overview
A third party is an individual or an entity, based in or outside Queensland, which makes or receives gifts (donations) or incurs electoral expenditure in relation to a state government election, such as paying for political advertising.
Third parties which are only intending on making donations to registered political parties or candidates in an election are not required to register for the election, but they may still have to disclose the donations (refer to the Disclosing gifts tab). |
Third parties that incur more than $6,000 in electoral expenditure toward a state election during the election’s capped expenditure period are required to formally register with the ECQ. The details of the third party will then be added to the Register of third parties for the election.
Third parties (both registered and unregistered) also have disclosure obligations for making and receiving gifts. Registered third parties must also disclose all electoral expenditure incurred for a state election in an election summary return.
This tool is provided to help you decide whether or not you must register as a third party with the ECQ. It acts as a guide only. You are ultimately responsible for confirming your status under the legislation and for being aware of the requirements and obligations of third parties who are electoral participants in Queensland.
Please click on the navigational 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 state election.
Registered third parties have additional disclosure and reporting obligations and are required to operate a state campaign bank account.
The third party registration process can be completed via the ECQ’s Self service portal. More detail about the registration process can be found in Fact sheet 20.
The agent of a registered third party may apply to the ECQ to cancel the third party’s registration for an election if required.
Note: If you are a donor who only makes monetary donations to election participants and you do not incur electoral expenditure, you do not need to register as a third party for an election.
Links to further information:
Appointing or change an agents
An agent is an individual responsible for ensuring an election participant’s compliance under the Electoral Act 1992.
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:
- State fact sheet 19 – Funding and disclosure overview for third parties
- State fact sheet 28 – Funding and disclosure overview for agents
Forms:
Disclosing gifts
If a donor or third party makes a gift of $1,000 or more to a candidate or registered political party in a state election, they must disclose the gift to the ECQ within 7 business days of it being made.
If a donor or third party receives a gift of $1,000 or more, and uses it to incur or reimburse expenditure for a political purpose, they must disclose the gift to the ECQ within 7 business days of it being used.
This is known as real-time disclosure. Disclosure returns are lodged via the ECQ’s Electronic Disclosure System (EDS).
Donors, third parties and their agents should use the fact sheets listed below and the Electoral Act 1992 to understand their disclosure obligations. Most of the information in a disclosure return is accessible by the public.
Failure to disclose gifts within the time required is an offence under the Electoral Act 1992.
Links to further information:
- State fact sheet 5 – Definition of gifts, loans and political donations
- State fact sheet 22 – Real-time disclosure of gifts received by third parties
- State fact sheet 23 – Disclosure of gifts made to registered political parties and state election candidates
- Video - Obligations of donors
- Video - Real-time disclosure obligations for third parties
- Video - What counts as a gift
Using a State campaign bank account (registered third party)
State campaign bank accounts are required to ensure transparency of financial transactions, including incurring electoral expenditure.
A registered third party must use a state campaign bank account to pay for all electoral expenditure incurred for a state election campaign.
Bank account details must be provided within 5 business days of the third party registering with the ECQ.
Links to further information:
Political donation caps
Queensland’s electoral laws impose limitations (caps) on the amount of political donations that can be made to, or received by, registered political parties or state election candidates.
Not all gifts or loans are political donations. Caps only apply to political donations.
A political donation is any gift or loan given to a registered political party or state candidate, that is accompanied by a donor statement (see Fact sheet 5 for more information).
Between 1 July 2022 and 25 November 2024, donors / third parties must not make political donations of more than:
- $4,000 to the same registered political party
- $6,000 to an independent candidate
- $6,000 to candidates endorsed by the same registered political party.
A political donation must not exceed the cap either by itself, or when added to other political donations made by the same donor during the same donation cap period.
The caps will be adjusted after the 2024 state general election, and a new cap will apply from 26 November 2024 to 27 November 2028.
Political donations are subject to the same disclosure requirements as other gifts.
Links to further information:
- State fact sheet 5 - Definition of gifts, loans and political donations
- State fact sheet 6 - Political donation caps
- State fact sheet 23 – Disclosure of gifts made to registered political parties and state election candidates
- Video - What is a political donation
- Video - Political donation caps for donors
Incurring electoral expenditure
The term electoral expenditure has a specific meaning for state elections – it's incurred for a campaign purpose and can include the cost of expenses like:
- billboards and signs
- advertisements broadcast on radio or television, at a cinema, or on the internet
- opinion polling or research.
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.
Registered third parties must ensure that all electoral expenditure is paid from their state campaign account. All electoral expenditure must also be recorded and disclosed in an election summary return within 15 weeks after the election. This includes all electoral expenditure whether it was incurred during a capped expenditure period or not.
There are caps on the amount of electoral expenditure that can be incurred during the capped expenditure period (refer to the Electoral expenditure caps tab).
Electoral expenditure caps
Expenditure caps are limitations on the amount of electoral expenditure that can be incurred during the capped expenditure period for a state election. Any expenditure paid for before the capped expenditure period will still count towards the cap if the associated goods are first used for a campaign purpose during the capped period.
2024 state general election
For the 2024 state general election, the capped expenditure period starts on Tuesday, 2 April 2024 and ends at 6pm on election day. The electoral expenditure cap for a registered third party is:
- $90,748.65 in any single electoral district, but
- no more than $1,043,087.97 in total across the state.
For an unregistered third party, the expenditure cap amount is $6,000, This cap does not apply separately for each electoral district – it is the total cap for the entire election.
By-elections
For a state by-election, the capped expenditure period starts onthe day the writ for the election is issued and ends at 6pm on election day. The electoral expenditure cap for a registered third party for a by-election is $90,748.65.
For an unregistered third party, the expenditure cap amount is $6,000.
Links to further information:
Electoral advertising
There are a range of regulations that apply to electoral advertising, authorisation of electoral material and the display of election signage at polling places.
Third parties should ensure they fully understand election signage regulations before they display any signage at polling places.
Links to further information:
Lodging election summary returns
Registered third parties (and those that are required to register) must lodge an election summary return for electoral expenditure incurred for the election. The return must include a copy of the bank statement for the third party’s state campaign account.
Election summary returns must be lodged within 15 weeks after the election.
Links to further information:
Record keeping
Third parties must keep all records relating to an election campaign for 5 years after the day that 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 gifts made and received, and electoral expenditure incurred, 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:
Compliance
Election participants can read about the ECQ’s Compliance Approach – including the ECQ’s expectations of election participants, and commitments to enforcing electoral laws – here. To report non-compliance, please check here 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 donors, third parties and their agents. Donors and third parties can use the ECQ website’s information to learn about their obligations under the Electoral Act 1992. Donors, 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 Electoral Act 1992 may be subject to fines or prosecution in court, depending on the seriousness of the offence.
Links to further information: