Significant third party registration and changes

What is a significant third party?

A significant third party is a person or entity (other than a political entity, a member of the House of Representatives or a Senator) whose:

• electoral expenditure exceeds $250,000 during that financial year, or any one of the previous three financial years; or
• electoral expenditure is at least equal to the disclosure threshold during that financial year and electoral expenditure during the previous financial year was at least one‑third of the revenue of the person or entity for that year; or
• during that financial year the person or entity operates for the dominant purpose of fundraising amounts:
  1. the aggregate of which is at least equal to the disclosure threshold; and
  2. that are for the purpose of incurring electoral expenditure or that are to be gifted to another person or entity for the purpose of incurring electoral expenditure.

Electoral expenditure refers to expenditure incurred for the dominant purpose of creating or communicating electoral matter. Further details on electoral expenditure can be found at the Electoral Expenditure and Electoral Matter fact sheet.

How do you register a significant third party?

A person or entity that meets the definition of a significant third party must register with the AEC before the end of 90 days after becoming required to be registered.

A person or entity that is required to be registered as a significant third party for a financial year must not incur further electoral expenditure or fundraise any amounts for the purpose of incurring electoral expenditure in that financial year until they are registered.

• Application to register as a significant third party

What is a financial controller?

A significant third party must appoint a financial controller at the time of registration, using the Application to register as a significant third party form.

A financial controller means:

• for an entity that is a company, the company secretary;
• for a person or entity that is a trustee of a trust, the trustee;
• in all other cases, the person responsible for maintaining the entity's financial records.

The financial controller must meet the definition above and the following conditions:

• be an individual who is at least 18 years old;
• not have been convicted of an offence against the funding and disclosure provisions of the Electoral Act;
• have signed a form of consent to the nomination (on the application to register form);
• have signed a declaration that he or she is eligible for nomination (on the application to register form).

The financial controller is responsible for lodging the annual return.

Are there penalties for not registering?

Yes, not registering as a significant third party will incur a civil penalty whichever is the higher of the following amounts:

• 200 penalty units;
• if there is sufficient evidence for the court to determine the amount, or an estimate of the amount, of electoral expenditure incurred in contravention of this subsection or the amount, or an estimate of the amount, fundraised in contravention of this subsection – 3 times that amount.

Publication

The significant third party and financial controller’s names will be included in the Transparency Register.

• Transparency Register

How do you change your details?

Significant third parties are required to update registration details via the Change to Transparency Register form within 90 days of the change occurring. Details listed on the Transparency Register are otherwise accepted as correct until proven otherwise.

A change to the register must be on an approved form:

• Change to Transparency Register form

Use this form to change the financial controller, update entity name or contact details and related organisations/branches.

How do you deregister a significant third party?

A person or entity that is registered as a significant third party may apply to the Electoral Commissioner to be deregistered.

Note: an application to deregister should only be made by a significant third party that is no longer required to be registered.

An application to deregister must be made via the approved form:

• Application to Deregister

Contact us

If you need assistance please email fad@aec.gov.au or call the Funding and Disclosure help desk on (02) 6271 4552.