Electoral Act 1985

Subject to this section, it is unlawful for—

a person—

to make an electoral donation to a registered political party, member of Parliament, group, candidate or third party (other than a third party that is an ACNC registered entity); or

to accept an electoral donation (including from a foreign entity) to a registered political party, member of Parliament, group, candidate or third party (other than a third party that is an ACNC registered entity); or

an

Despite subsection (1) but subject to subsection (3)—

a person may make an electoral donation to a regulated designated participant; or

a person may accept an electoral donation (other than an electoral donation from a foreign entity) to a regulated designated participant, if the electoral donation is made or accepted in accordance with

Subsection (2) does not operate to allow—

a disposition by will to an entitled registered political party; or

an electoral donation during the prohibited period for an election for a recontesting participant.

If a recontesting participant lodges their certificate under section 130PF for an election on a day that falls after the day on which their capped expenditure period for the election commences—

no offence is committed by a person who makes or accepts an electoral donation (other than an electoral donation from a foreign entity) in accordance with Subdivision 3 to the recontesting participant after that commencement and before the certificate is lodged (despite the fact that the electoral donation is made during the prohibited period for the election for the recontesting participant); and

the recontesting participant must, in relation to any electoral donation received during the period referred to in paragraph (a)—

take all reasonable steps to return the electoral donation to the person from whom it was received; or

in the case of an electoral donation that cannot be so returned—give the electoral donation to the Electoral Commissioner for payment into the Consolidated Account.

It is not unlawful for a person to make or accept an electoral donation if—

in the case of an electoral donation that is money—the donation is to be paid into (or held as an asset of) a federal account kept in accordance with the Commonwealth

in the case of an electoral donation that is not money (including property)—the donation is used for a federal purpose.

An electoral donation of a kind referred to in subsection (5) ceases to be excluded by that subsection from the prohibition under this section if—

in the case of an electoral donation that is money—any amount of the money is transferred or withdrawn from the federal account (other than if the money is used for a federal purpose or transferred to another federal account); or

in the case of an electoral donation that is not money—the proceeds of the disposal of the donation are transferred or withdrawn from the federal account (other than if the proceeds are used for a federal purpose or transferred to another federal account).

No offence is committed by a person referred to in subsection (1), or a person acting on their behalf, who receives an electoral donation in contravention of subsection (1) if, on becoming aware of the receipt of the electoral donation, they—

take all reasonable steps to return the electoral donation to the person from whom it was received; or

in the case of an electoral donation that cannot be so returned—give the electoral donation to the Electoral Commissioner for payment into the Consolidated Account.

Subject to subsection (9), it is not unlawful for—

in relation to a House of Assembly election—

a candidate endorsed by an entitled registered political party, during the 12 months immediately preceding polling day for the election, to make contributions up to a total amount equal to 50% of the applicable expenditure cap under Division 6 of the candidate in respect of the election to the agent of the party for payment into the State campaign account kept by the agent to finance the candidate's election campaign; or

any other candidate, other than a candidate endorsed by a registered political party (not being an entitled registered political party), during the 12 months immediately preceding polling day for the election, to make contributions up to a total not exceeding their applicable expenditure cap under Division 6 in respect of the election to their agent for payment into the State campaign account kept by the agent to finance the candidate's election campaign; or

in relation to a Legislative Council election, the following persons, during the 12 months immediately preceding polling day for the election, to make contributions up to a total amount of $100 000 (2026 indexed) to their agent for payment into the State campaign account kept by the agent to finance the group or candidate's (as the case requires) election campaign:

a member of an entitled group;

a member of a group, or a candidate, endorsed by an entitled registered political party;

any other candidate in a Legislative Council election, other than a candidate endorsed by a registered political party (not being an entitled registered political party).

For the purposes of this Part, any amount of a contribution under subsection (8)(a) or (b) that exceeds the total amount applying under the relevant paragraph is taken to be an electoral donation.