Obligations of an agent

This information is about an agent's obligations.

For more information, refer to Part 13A of the Electoral Act 1985 External link.

Agents

An agent is responsible for ensuring that whoever they represent fulfils their obligations under Part 13A. An agent may be appointed, or a person may be deemed to be an agent.

For more information, visit our Appointing an agent page.

Obligations of all agents

An agent must do the following:

  • Ensure that a State campaign account exists (section 130K).
  • Ensure that all gifts are paid into the State campaign account and that all political expenditure is paid from that account (sections 130L and 130N).
  • Ensure that they do not receive, on behalf of a relevant entity, candidate or group, gifts of $200 or more or loans of $1,000 or more without recording the details of the gift or loan. For more information, visit our Records and evidence page.
  • At prescribed times, lodge returns for their clients.
  • Provide audit certificates for all claims or returns lodged, or apply for a waiver from the Electoral Commissioner (section 130ZV).
  • Comply with notices to produce information or give evidence issued under section 130ZZB.

In addition, if an agent knows that their client has received a gift or loan that must be reported under Part 13A, the agent must inform the donor or loan provider of their obligation to lodge a donor return (sections 130ZG(7) and 130ZH(8)).

An agent may lodge a certificate under section 130Y on behalf of their client to participate in the public funding scheme. Participants of the public funding scheme are subject to capped limits on their political expenditure. The agent must ensure that their client does not incur political expenditure in excess of the applicable expenditure cap during the capped expenditure period.

Additional obligations for registered political party agents

An agent of a registered political party, in addition to the obligations noted above, must do the following:

  • Report gifts of more than $25,000 within seven days (section 130ZI).
  • Ensure that a special assistance funding payment is not deposited into the State campaign account or used for political expenditure (section 130W).
  • If there is an agreement for the allocation of capped political expenditure between the party and its candidates, an agent must provide written notice of that agreement to the Electoral Commissioner at least 8 days before polling day (section 130Z(3)).

An agent of a registered political party may:

  • Negotiate an agreement to share public funding payments between their party and another registered political party when the payment relates to a group (section 130R(4)).
  • Lodge a claim for special assistance funding on behalf of an eligible registered political party (section 130U).

Penalties for not fulfilling obligations

Agents who do not fulfil their obligations may be prosecuted.

Fines for offences against Part 13A range from $1,500 to $10,000. A person will not be eligible to be an agent if they have been convicted of an offence under Part 13A.