Appointing or changing agents

Agents can play an important role in elections as they are responsible for ensuring election participants meet obligations under the Electoral Act 1992.

A candidate may choose to appoint an agent. If a candidate does not appoint an agent, the candidate is their own agent. If you do choose to appoint an agent, both you and your agent have a responsibility to familiarise yourselves with all relevant and current legislative provisions. Failure to do so cannot be used as an excuse for failing to comply with any legislative requirement.

Links to further information:

• State fact sheet 28 – Funding and disclosure overview for agents

Forms:

• FAD3B - Appointment of an agent - Candidate
• FAD4 - Removal of Agent

Using a state campaign bank account

State campaign bank accounts are required to ensure transparency of financial transactions, including receiving political donations and incurring electoral expenditure.

All candidates must have and use a state campaign bank account for a state election. You must notify the ECQ of your account details within 5 business days of the earliest of:

• announcing or otherwise publicly indicating your intention to contest the election,
• otherwise indicating your intention to contest the election (e.g. by accepting a gift or incurring electoral expenditure)
• nominating as a candidate for the election.

All political donations must be deposited into your state campaign account within 5 business days of receiving the donor statement. There are also restrictions about what other amounts can be placed into your state campaign account (see State fact sheet 16 for more details).

All electoral expenditure must be paid from your state campaign bank account.

You must not use the same campaign bank account for state and local elections.

Links to further information:

• State fact sheet 16 – State campaign bank accounts for candidates

Forms:

• FAD1B - Bank account details - Candidate

Disclosing gifts and loans

Candidates have obligations to disclose gifts (including donations) and loans received. Gifts and loans of $1,000 or more (including cumulative amounts) received from a single donor within a candidate’s disclosure period must be disclosed to the ECQ. Disclosure returns are lodged via the Electronic Disclosure System (EDS). Most of the information in a disclosure return is accessible by the public.

Generally, disclosure returns must be lodged within 7 business days of the gift or loan being received. This is known as real-time disclosure. In the last 7 days before election day, disclosures of gifts or loans received must be lodged within 24 hours.

Note: Queensland law bans political donations from property developers and industry bodies with property developers as a majority of their members. The ECQ publishes a register of individuals and entities who, following an application, have been determined to be non-prohibited donors through a formal determination process. The register and application forms for a determination are available on the ECQ website at Prohibited donors scheme.

Links to further information:

• State fact sheet 5 – Definition of gifts, loans and political donations
• State fact sheet 17 – Real-time disclosure of gifts, loans and political donations by candidates

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 State fact sheet 5 for more information).

Gifts or loans not accompanied by a donor statement may not be deposited into a state campaign bank account and cannot be used to incur electoral expenditure for a state election.

Between 1 July 2022 and 25 November 2024, the political donation caps are:

• $6,000 for an independent candidate
• $6,000 collectively for 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 and loans.

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 17 – Real-time disclosure of gifts, loans and political donations by candidates

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 – you should read the ECQ’s fact sheets and handbook for more detailed information about what is and is not electoral expenditure, as not all campaign expenses will be considered electoral expenditure.

All electoral expenditure incurred towards a campaign must be paid for from your state campaign account. You must also record and disclose all electoral expenditure 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).

Links to further information:

• State fact sheet 7 – Definition of electoral expenditure
• State fact sheet 8 – Disclosure of electoral expenditure and election summary returns

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 caps for the 2024 state general election are:

• $90,748.65 for an independent candidate
• $60,499.10 for an endorsed candidate.

The amount that can be incurred by an endorsed candidate is in addition to the $95,964.09 per electoral district that can be incurred by their registered political party.

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 by-election for both an independent or an endorsed candidate is $90,748.65.

Any electoral expenditure incurred by a registered political party will count towards the cap of their endorsed candidate.

Links to further information:

• State fact sheet 7 – Definition of electoral expenditure
• State fact sheet 14 – Expenditure caps for registered political parties and endorsed candidates
• State fact sheet 18 – Expenditure caps for independent candidates

Nomination of a candidate

An independent candidate who is not endorsed by a registered political party may be nominated for the election by obtaining the signatures of 6 or more electors who live within the electoral district they are contesting.

A candidate endorsed by a registered political party must be nominated by the party’s registered officer .

Nominations must be lodged during the nomination period, which commences after the day the writ for the election is issued.  Nominations close strictly at midday on the last day of the nomination period – nomination forms received by the ECQ after this time will not be accepted. A nomination deposit of $250 must be paid by cash, bank cheque, electronic funds transfer or BPoint at the time of nomination. It cannot be paid by credit card.

If you are planning to nominate as a candidate, please read the fact sheets and handbooks available on the ECQ’s website, which outline your responsibilities and requirements for the election.

Anyone planning to contest a state election – including elected members – should go to the Self Service portal to login or register.

Forms:

• Form 5 - Nomination of Candidate for State election (endorsed)
• Form 5a - Candidate's consent and declaration for State election (endorsed)
• Form 6 - Nomination of Candidate for State election (non-endorsed)

Electoral advertising and how-to-vote cards

There are specific requirements for candidates and registered political parties relating to electoral advertising and election material. You must ensure that you are aware of all regulations relating to:

• the broadcast and publication of election material
• the authorisation of election material, and
• how-to-vote cards.

How-to-vote (HTV) cards show how you want voters to rank their preferences on their ballot paper when voting for you in an election. HTV cards have specific requirements and must be approved by the ECQ before you distribute them during an election period.

Links to further information:

• State fact sheet 1 – Authorisation of election material
• State fact sheet 3 – How-to-vote cards
• State fact sheet 30 – Offences relating to electoral advertising

Lodging an election summary return

Disclosure returns provide transparency for the movement of money used to support election participants in a state election. ​

In addition to reporting of gifts and loans in real-time, you are required to lodge an election summary return within 15 weeks after a state election.

The election summary return is a summary of all gifts and loans received and all electoral expenditure incurred for the purposes of an election. It must also include a bank statement from your state campaign bank account. All other gifts/loans not disclosed in real-time must also be accounted for in the election summary return.

Links to further information:

• Fact sheet 5 – Definition of gifts, loans and political donations
• Fact sheet 7 – Definition of electoral expenditure
• Fact sheet 8 – Disclosure of electoral expenditure and election summary returns
• Fact sheet 17 – Real-time disclosure of gifts, loans and political donations by candidates

Claiming election funding

Candidates may claim election funding if they receive 4% of the formal first preference vote. Maximum entitlements are calculated by multiplying the formal first preference votes by the relevant election funding amount.

Claims must be lodged with the ECQ within 20 weeks after election day.

Claims for election funding must itemise each item of electoral expenditure incurred for the election and include supporting documentation such as invoices, copies of advertisements, receipts, etc.

Candidates will only be paid the amount of electoral expenditure claimed (and accepted by the ECQ), or their maximum entitlements, whichever is lower.

​Links to further information:

• State fact sheet 25 - Election funding claims
• State fact sheet 7 - Definition of electoral expenditure
• Election funding claims policy

Forms: ​

• Form QSG14B - Claim for payment of election funding for candidates

Record keeping

You must keep all records relating to an election campaign for 5 years after the day that the record is made, and you 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. As a candidate, you should:

• record gifts and loans 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:

• State fact sheet 4 - Record keeping requirements

Compliance

Election participants can read about the ECQ’s Compliance Approach – including the ECQ’s expectations of candidates, 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 candidates. You can use the ECQ website’s information for candidates to learn about your obligations under the Electoral Act 1992. Candidates should also familiarise themselves with the full content of the relevant legislation and seek independent legal advice if required.

Candidates (or their agents) who commit 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:

• Fact sheet 30 – Offences relating to electoral advertising