Review of Local government electoral expenditure caps scheme

Consultation is now open on the department’s review of the local government electoral expenditure caps scheme (the scheme).

The scheme first applied at the 2024 Queensland local government quadrennial elections. It aligns with the electoral expenditure cap scheme for Queensland State elections, and applies expenditure caps to candidates, groups of candidates, political parties who endorse a candidate in an election, and third parties (unregistered and registered) for a local government election.

The scheme was in place during the 2024 local government elections, and we want your feedback on how well it worked. The review will assess the effectiveness of the current legislative and policy framework and consider whether any changes are needed to improve the scheme.

The discussion paper summarises the themes the review will address.

Discussion paper and questions

Detailed information for your consideration is in the discussion paper ( 524.5 KB).

It is essential we hear the views of election practitioners and stakeholders, including candidates, local governments and political parties.

Here are the questions from the discussion paper. An explanation for each question is in the discussion paper.

1. Did the definitions of electoral expenditure and campaign purpose cause any issues at the 2024 local government elections?
2. Did the concept of gifted electoral expenditure cause any issues during the 2024 local government elections?
3. Did the capped expenditure period cause any issues at the 2024 local government elections and are there any other suggested alternative periods?
4. Do you have any feedback on the provisions of the third-party registration scheme?
5. Are you aware of any examples of the third-party registration scheme adversely impacting organisations involved in the 2024 local government elections?
6. Does the sliding scale approach to electoral expenditure caps for local governments, other than Brisbane City Council, provide for fair and even financial competition between candidates at local government elections?
7. Did the expenditure caps cause any issues in undivided local governments during the 2024 local government elections?
8. Do you have any feedback on the operation of the pooled expenditure cap provisions?
9. Did the timing of the publication of enrolled electors and relevant expenditure caps provide sufficient time for compliance with the scheme?
10. Are the notification requirements sufficient to ensure that candidates and other relevant parties are informed of the electoral expenditure caps?
11. Do you have any feedback on the requirement to have dedicated accounts and the record keeping and audit provisions?
12. Do you have any feedback on the offences and penalties?
13. Do you foresee any issues with the operation of the recovery mechanism for unlawful electoral expenditure?

Terms of reference of review

The terms of reference of the review are:

• the appropriateness of aligning the definitions of electoral expenditure, campaign purpose and associated terms with the relevant definitions in the Electoral Act 1992
• the length of the capped expenditure period
• the operation of the third party registration scheme
• the suitability of the electoral expenditure caps for individual candidates (mayors and councillors), groups of candidates, registered political parties, third parties and associated entities
• the role of the Electoral Commission of Queensland, including determining and publishing elector numbers and applicable caps prior to each local government election
• the efficacy of the record keeping and audit requirements, and
• the effectiveness of the associated penalties, recovery provisions and disqualifying offences.