Agents

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

What is an agent?

An agent is a person appointed by a registered political party, candidate, group of candidates, or third party to manage their obligations under Part 13A.

An agent must be a natural person who has attained 18 years of age. A person is not eligible to be an agent if they have been convicted of a prescribed offence (section 130G(3)).

Who needs an agent?

All registered political parties must appoint an agent. If a registered political party has endorsed:

• a candidate, or
• all members of a group,

then the party agent is also the agent of the candidate or group, as the case may be.

An unendorsed candidate, an unendorsed group, or a third party may appoint an agent.

If an unendorsed candidate does not appoint an agent, they are their own agent.

If an unendorsed group 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. 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.

Candidates, groups and third parties are not permitted to change their agent after close of nominations. Your agent as at the close of nominations will be your agent for the duration of the election. Only registered political parties may change their agent after the close of nominations (section 130G(4)).

Please visit our funding and disclosure forms page to download an agent appointment form.

Terminating an agent's appointment

Revoking an appointment

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

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

Resignation

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.

Termination due to conviction of offence

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, or within 28 days of the appeal being determined.

Death

If an agent dies then the appointing person or body must advise the Electoral Commissioner in writing without delay.

In the case of a registered political party, they must provide a notice of the death and appoint another agent within 28 days of the agent’s death.

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

Forms to give notice of revocation of an agent appointment, or the resignation, conviction or death of an agent can be obtained from our funding and disclosure forms page.

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

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 see appointing an agent above.

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 see the records and evidence section below.
• 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 7 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.

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

Record keeping

If you have a document that contains information relating to a matter that has been or should be set out in a return lodged with the Electoral Commissioner, you are required to retain those records for at least 4 years. The 4 year period starts on the day of the election to which the return relates.

 Refer to section 130ZZA of the Electoral Act for further information.

Recording gifts and loans

A relevant entity, candidate or group is not permitted to receive a gift with an amount or value of $200 or more without recording the name and address of the donor (section 130ZJ).

See our glossary page for the definition of a gift.

A relevant entity, candidate or group is not permitted to receive a loan of $1,000 or more, other than from a financial institution, without recording the terms of the loan and information regarding the name and address of the lender. Section 130ZK(3) outlines the information that must be recorded about the lender.

‘Financial institution’ is defined in section 130ZK(8) as a body which carries on a business that consists of, or includes, the provision of financial services or financial products and which is either an authorised deposit-taking institution (ADI) or  a body prescribed by the regulations.

A ‘loan’ is defined in section 130ZK(8) as meaning any of the following:

• An advance of money.
• A provision of credit or any other form of financial accommodation.
• A payment of an amount for, on account of, on behalf of or at the request of, a person, if there is an express or implied obligation to repay the amount.
• A transaction (whatever its terms or forms) which in substance effects a loan of money.

If credit is provided on a credit card (defined at section 130ZK(8)) in respect of card transactions, the credit is to be treated as a separate loan for each transaction. 

In the case of a gift or loan received from certain types of entities, you must also record the names of all trustees, members of the board or executive committee (as the case may be). For more information, refer to sections 130ZJ and 130ZK.

Gifts and loans of $5,000 (indexed) or less are not required to be disclosed in a return; however, you must still maintain the required records.

Providing evidence

The Electoral Commissioner has powers to require a person to produce documents or appear at a specified time and place to provide evidence. The Electoral Commissioner will issue the person with a formal notice if the person is required to produce documents or give evidence. There is a $5,000 maximum penalty for failing to comply with a notice or providing false or misleading evidence.

Refer to section 130ZZB of the Electoral Act for further information.