Eligible candidates
Any candidates at a State election or by-election can apply to be reimbursed for electoral expenditure incurred, provided that they receive more than 4% of first preference votes. First preference votes do not include any informal votes. Payments for all candidates endorsed by a registered political party can be made if candidates collectively poll over 4% of the total number of eligible votes at the combined elections in each contested electorate. Candidates included in a Legislative Council group can receive payment if the group as a whole polls over 4%.
Amount to be reimbursed
The amount paid will be the lesser of the declared electoral expenditure or of the entitled amount. The entitled amount is the number of formal first preference votes multiplied by the public funding amount, which is $2.26 or $4.40 per eligible vote depending on the opt-in request lodged with the Commission by a registered political party or non-party candidate.
Registered political parties that want to opt-in for the higher reimbursement amount ($4.40) need to complete and return FD20 - Opt-in request for higher reimbursement: Registered political party within 28 days of becoming registered.
To opt-in for the higher reimbursement amount ($4.40), candidates not endorsed by a political party should complete and return FD 21 – Opt-in request for a non-party candidate before the close of nominations.
The Commission is required to publish any opt-in requests received. Party opt-in requests are published within five days of receipt, where as opt-in requests from non-party candidates will be published on the next business day after the close of nominations of the relevant election.
Eligible electoral expenditure
Electoral expenditure in relation to an election is defined by s.175 AA of the Electoral Act 1907 and is incurred by advertising during the election period, or by producing advertisements for the purposes of advertising during the election period.
Expenditure that falls into one of the following categories can be claimed for reimbursement:
• broadcasting an advertisement
• publishing an advertisement in a journal
• displaying an advertisement at a theatre or other place of entertainment
• producing an advertisement as above
• producing any material (other than the above) which requires authorisation under the Electoral Act 1907 s.187 and is used for advertising
• producing and distributing electoral matter such as mail outs and letter box drops to households
• paying an advertising agent’s or a consultant’s fees for professional services for a political purpose
• carrying out an opinion poll, or other research, for a political purpose.
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• In the above definition, a political purpose is:
• to promote or oppose a political party
• to have a candidate elected
• to otherwise influence voting in an election.
Lodgement of claims and payment
To lodge a claim for payment, a completed application must be submitted to the Commission within 20 weeks of polling day.
The form must be lodged by the:
- agent of the registered political party endorsing the candidate, including Legislative Council groups
- agent of the candidate
- agent of the Legislative Council group, where the group is not endorsed by a registered political party or
- the candidate themselves, where the candidate is not endorsed by a registered political party and no agent has been appointed.
Claims for more than one candidate from the same party for the same polling day must be lodged as one claim.
Payment is made to the political party for endorsed candidates and endorsed candidates included in Legislative Council groups. Unendorsed candidates' payments are made to their agent or to themselves if no agent is appointed. For Legislative Council groups not endorsed by a registered political party, payment is made to the agent of the group.
Claims for payment are additional to election-related disclosure returns lodged by candidates, parties and groups under sections 175SA, 175SB and 175SC of the Electoral Act 1907 which are due within 12 weeks after polling day.
Fraudulent claims
Payments made for a false claim, or made in error, can be recovered by the State through court proceedings (see s.175LH(4) and s.175LI of the Electoral Act 1907).