Agents

About agents

An agent is a person appointed by a registered political party, candidate, group of candidates or third party to manage their funding and disclosure obligations under Part 13A of the Electoral Act 1985. Agents can be formally appointed or deemed to be agents under the legislation.

Agents are responsible for ensuring the person or organisation they represent meets all legal requirements for funding and disclosure.

To be eligible as an agent:

• The person must be a natural person aged 18 years or over.
• A person cannot act as an agent if they have been convicted of a prescribed offence (section 130G(3)).

Agent requirements

The Electoral Act 1985 sets out who the agent is for each type of recipient.

How to appoint an agent

The appointment must be made in writing and include:

• The name and address of the proposed agent.
• A signed consent and declaration confirming eligibility.

Candidates, groups, and third parties cannot change their agent after the close of nominations. Registered political parties are the only recipients permitted to change their agent after the close of nominations (section 130G(4)).

Download an agent appointment form from the Funding and Disclosure Forms page.

Acting agent

If an agent is temporarily unavailable, they can appoint a qualified acting agent in writing to carry out their duties. The appointment must include the acting agent’s name and address and be sent to the Electoral Commissioner.

• The appointment can last up to 3 months and starts only when the Commissioner receives a copy.
• The appointment ends early if the original agent’s role ends or the acting agent is convicted of a relevant offence.
• While an acting agent is appointed, the original agent cannot perform their functions.
• The appointment can be revoked in writing, with a copy sent to the Commissioner.

Download an acting agent appointment form from our Funding and Disclosure Forms page.

Ending or replacing an agent

Revoking an agent

Candidates, groups of candidates, third parties, and associated entities can revoke their agent by giving written notice to the Electoral Commissioner. The notice must be signed by the candidate, each member of the group, or the third party, as relevant.

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

Death or resignation

If the agent dies or resigns, the relevant person must, within 7 days, give the Electoral Commissioner notice in writing. Registered political parties must provide notice and appoint another agent within 28 days of the agent’s death.

Conviction of an offence

If an agent is convicted of an offence under Part 13A of the Electoral Act 1985 or Part 20 of the Commonwealth Electoral Act 1918, their appointment automatically ends (subject to any appeal). The appointing person or body must notify the Electoral Commissioner of a replacement agent within 28 days of the conviction, or if there is an appeal, within 28 days of the appeal being determined. Registered political parties must also notify the Electoral Commissioner of the replacement agent within the same timeframes.

Download the relevant form from our Funding and Disclosure Forms page.

Obligations of an agent

• Set up a state campaign account (section 130K).
• Manage funds correctly: ensure all donations are paid into the campaign account and all political spending comes out of it (sections 130L and 130M).
• Keep accurate records: record donations of $200 or more and loans of $500 or more.
• Lodge returns for their client at the required times.
• Provide audit certificates for returns, or apply for a waiver from the Electoral Commissioner (section 130ZV).
• Comply with notices to produce information or give evidence (section 130ZZB).
• Inform donors or loan providers about reporting obligations (sections 130ZG(7) and 130ZH(8)).
• Monitor expenditure: ensure the client does not exceed the allowed expenditure cap if participating in the public funding scheme.

Additional obligations for registered political party agents

• Keep administrative funding separate (section 130W).
• Notify the Electoral Commissioner if the party shares its capped political expenditure with candidates (section 130Z(3)).
• Negotiate shared public funding with another registered party (section 130R(4)).
• Lodge a claim for administrative funding (section 130U).

Penalties for not fulfilling obligations

• Prosecution: Agents can be prosecuted for failing to meet their legal responsibilities.
• Fines: Offences against Part 13A attract fines ranging from $1,500 to $50,000.
• Loss of eligibility: A person convicted of an offence under Part 13A is not eligible to act as an agent.

Retaining records

If you hold a document containing information that has been, or should be, included in a return lodged with the Electoral Commissioner, you must retain that record for at least 4 years.

• The 4-year period starts on the day of the election to which the return relates.
• For more information, see section 130ZZA of the Electoral Act 1985.

Recording donations and loans

Donations

You cannot receive a gift of $200 or more without recording the name and address of the donor (section 130ZJ).

Loans

You cannot receive a loan of $500 or more (other than from a financial institution) without recording:

• The terms of the loan
• The name and address of the lender

Financial institutions under Part 13A include:

• An Authorised Deposit-taking Institution (ADI) (bank, building society, or credit union)
• Another body prescribed by regulation

What counts as a loan:

• An advance of money
• A provision of credit or any other form of financial accommodation
• A payment of an amount for, on behalf of, or at the request of a person, with an obligation to repay
• Any transaction that in substance effects a loan of money, regardless of form

Credit cards: Credit provided on a credit card is treated as a separate loan for each transaction.

Additional recording requirements: If a donation or loan comes from certain entities (trusts, boards, executive committees), you must also record the names of all trustees or members of the governing body.

Thresholds:

• Donations and loans of $1,000 (indexed) or less do not need to be disclosed in a return.
• You must still maintain the required records, even if disclosure is not required.

Providing evidence

The Electoral Commissioner has powers under the Electoral Act 1985 to require a person to:

• Produce documents
• Appear at a specified time and place to provide evidence

Penalty: Failing to comply with a notice, or providing false or misleading evidence, can result in a maximum penalty of $10,000.

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

Register of agents