Annual returns for third-party campaigners

An annual return is a summary of money a political participant receives, spends, and owes in a financial year (1 July to 30 June inclusive). For third party campaigners your annual return relates to your State campaign account.

We use annual returns to check that third-party campaigners and other entities are complying with funding and disclosure laws. This includes disclosing relevant political donations.

Part 12 of the Electoral Act 2002 (Vic) outlines annual return requirements.

The following information will help you understand your obligations. Please refer to the legislation for the full requirements or seek independent legal advice.

Annual returns for third-party campaigners

If you met the definition of a third-party campaigner for a financial year you must submit an annual return to us. The registered agent of your entity must submit the return.

'Third-party campaigner' means any person or entity that received political donations or incurred political expenditure above the general cap in a financial year, other than:

  • a registered political party
  • a candidate at an election
  • a group
  • an elected member
  • an associated entity
  • a nominated entity of a registered political party.

Declaration that an annual return is not required

If you are registered as a third-party campaigner but do not meet the qualifying conditions for a financial year, you do not need to submit a return for that financial year. You must declare this in writing to us by emailing the declaration form (PDF) to disclosures@vec.vic.gov.au by 20 October.

Due date for annual returns

Annual returns must be submitted no later than 20 October each year.

Submissions open 1 July each year.

We do not have the power or discretion to extend due dates prescribed in Part 12 of the Electoral Act. This includes when dates fall on a weekend or a public holiday.

How to submit a return

You must submit your annual return through VEC Disclosures.

Read how to submit an annual return for help.

You can complete your annual return over more than one session. You can export and print your annual return for your records.

Information you must submit

In relation to your state campaign account for the financial year, you must submit (including GST):

  • Total disclosed political donations

    The total dollar value of disclosed political donations received during the financial year that (in aggregation) are equal to or above the disclosure threshold.

    You must check you have correctly disclosed these donations before starting your annual return, as this information will be automatically populated in the annual return and cannot be edited. If any auto-populated details are incorrect, please contact us at disclosures@vec.vic.gov.au.

    This figure will not include donations disclosed in VEC Disclosures that (in aggregation) are less than the disclosure threshold. You must manually enter these in the 'Total undisclosed political donations' field.

  • Total undisclosed political donations

    Total dollar value of all political donations under the disclosure threshold received during the financial year that are not included in the 'Total disclosed political donations', including small contributions.

  • Number of donors for undisclosed political donations

    The number of individual donors that made a political donation under the disclosure threshold for the financial year.

  • Total amounts received other than political donations

    The total of all amounts received, other than political donations by, or on behalf of, the entity during the financial year.

  • Amounts received other than political donations that exceed the disclosure threshold

    If the sum of amounts received other than political donations from a single person or entity during the financial year exceeds the disclosure threshold, including in aggregate, provide details in the relevant table (the full name and address of the provider, and the sum of the amount received). Two or more amounts received from one person or entity can be consolidated into one line.

  • Membership fees, affiliation fees and levies

    Annual subscriptions paid to an associated entity or third-party campaigner as membership fees must be included in the field 'Total amounts received other than political donations', unless they have been paid into the state campaign account, in which case they must be reported as a political donation. Any amounts from a single person or entity during the financial year that exceed the disclosure threshold must be itemised.

  • Total income

    This field will be automatically populated in your annual return as a sum of total disclosed political donations, total undisclosed political donations and total amounts received other than political donations.

  • Total expenditure

    The total expenses incurred by, or on behalf of, the entity during the financial year.

  • Total outstanding debts

    The total outstanding amount of all debts incurred by, or on behalf of, the entity as at the end of the financial year.

  • Debts that exceed the disclosure threshold

    If, at the end of the financial year, the sum of all outstanding debts to a single person or entity exceeds the disclosure threshold, provide details in the relevant table (the full name and address of the debtor, the sum of the debt owed to that debtor, and whether the debtor is a financial institution or non-financial institution).

    • Audit requirements

    Your return must be audited by an independent auditor and include a completed audit certificate form.

    Your auditor must use our third-party campaigner audit certificate form (PDF), which includes guidance notes. This is the only format of audit certificate we will accept.

    Political donations

    Donations must be up to date before you start your return

    You must disclose all donations your entity received that are equal to or greater than the disclosure threshold in VEC Disclosures. The disclosure threshold applies to the cumulative amount donated by a donor.

    The field 'Total disclosed political donations (inc. GST)' auto-populates with donations disclosed in VEC Disclosures. If you start your return before checking your donation disclosures are up to date, it may include incorrect data and you will have to request to resubmit your return.

    Political donations are not just money

    Political donations may be money, services (including paid labour), loans, guarantees, or property (including a loan of assets). A payment made on your entity's behalf by another person or organisation for a service provided to it may also constitute a gift.

    When an item is donated to a third party campaigner for auction at a fundraiser, 2 political donations arise:

    1. the initial donation of the item itself to the third party campaigner
    2. the amount paid above market value by the bidder.

    Each of these is subject to the applicable requirements for political donations.

    Silent electors

    We publish address details in your annual return as follows:

    • organisation: full address details
    • natural person: suburb and state
    • silent elector: no address details.

    We check silent elector status to ensure we do not publish suppressed addresses. You must provide full and accurate name and address details in your annual return to enable these checks.

    State campaign accounts

    Under section 207F(1) of the Electoral Act, you must keep a state campaign account for state elections. These accounts must be separate, with an authorised deposit-taking institution. This separation helps identify relevant transactions that must be disclosed.

    Offences

    It is a serious offence to breach the Electoral Act. Consequences for breaches of Part 12 may include, but are not limited to:

    • fines
    • prison sentences
    • forfeiture of prohibited donations to the state.

    A person who:

    • fails to provide an annual return as required under Part 12 of the Electoral Act is guilty of an offence under section 218A(1), with a penalty of 200 penalty units
    • provides an annual return that contains particulars that are, to the knowledge of the person, false or misleading in a material particular is guilty of an offence under section 218A(2), with a penalty of 300 penalty units or 2 years imprisonment or both.

    See Division 4 of Part 12 for a full description of offences and related penalties.

    Our role

    We provide information in relation to the operation of the Electoral Act. This information does not constitute legal advice, an indication of liability, or an exemption of liability for offences under the Electoral Act. We take no responsibility for decisions made by recipients, donors, agents, or other entities with obligations under the Electoral Act. The VEC lawfully cannot and will not exempt any person from prosecution for any offence under the Electoral Act.

    What happens after you submit your annual return

    We will check you have supplied all the information required by the Electoral Act. We may contact you or your auditor for more information or clarification.

    If you have made an error in a submitted return, please request an amendment in VEC Disclosures or by contacting us at disclosures@vec.vic.gov.au. If we grant the request, we will email you to submit an amended return.

    We publish all annual returns by 31 December on our website. This information is available to the general public.

    Contacting us

    If you have any questions, please email us at disclosures@vec.vic.gov.au or call 131 832.