Appointing an agent

This information is about appointing agents. If this is not what you are looking for, visit our Funding and disclosure for State elections page to find information that is relevant to you.

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

What is an agent?

An agent is a person appointed by a registered political party, Member of Parliament, candidate, group of candidates, or third party to fulfil their obligations under Part 13A of the Electoral Act 1985.

An agent must be a natural person who has attained 18 years of age. A person is ineligible to be an agent if they have been convicted of an offence prescribed by section 130G(3).

For information about what agents must do and what they may do, visit our Obligations of an agent page.

Who needs an agent?

All registered political parties must appoint an agent. If all members of a group have been endorsed by a registered political party, the party's agent is the group's agent.

A candidate, Member of Parliament, group of unendorsed candidates, or third party may appoint an agent.

If a candidate or Member of Parliament does not appoint an agent, they are their own agent.

If a group of unendorsed candidates does not appoint an agent, then the candidate whose name appears first on the ballot papers is the agent for the group.

If a third party does not appoint an agent, and the third party is a natural person, then they are the agent. In any other case, each member of the executive committee is the agent.

How to appoint an agent

The agent must be appointed in writing by the person or body. The appointment must include the name and address of the proposed agent and a signed form of consent and declaration by the proposed agent that they
are eligible for appointment. The Electoral Commissioner will provide agent appointment forms.

Terminating an agent's appointment

A registered political party may only revoke an agent's appointment if they also give a notice of appointment of another agent.

A candidate, group or third party may revoke an agent's appointment by giving the Electoral Commissioner notice in writing.

An agent may resign from their appointment as an agent by giving the Electoral Commissioner notice in writing. The appointing person or body must, without delay, advise the Electoral Commissioner in writing of an agent’s resignation. In the case of a registered political party, they must also provide a notice of appointment of another agent.

An agent's appointment is terminated if, subject to the appeal process, the agent is convicted of a prescribed offence. If the person is the agent of a registered political party, the party must give notice to the Electoral Commissioner of the replacement agent within 28 days of the conviction, subject to any appeal.

If an agent dies then the appointing person or body must advise the Electoral Commissioner in writing within 28 days. In the case of a registered political party, they must also provide a notice of appointment of another agent.

For more information, see section 130I of the Electoral Act 1985.

Forms to give notice of revocation of an agent's appointment, or the resignation, conviction or death of an agent, will be provided by the Electoral Commissioner.

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