Agents

On this page

• Agent definition
• Eligibility
• Agent roles
• Appointing an agent
• Agent obligations
• Prescribed details for returns
• Record keeping
• Register of agents

Definition

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 (the Act). 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.

👉 View the current register of agents.

Eligibility criteria

• 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 roles by recipient type

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

Appointing 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 appointment

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.

Changing or ending an agent appointment

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 Act 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.

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Obligations of an agent

General obligations

• 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 non-compliance

• 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.

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Prescribed details for returns

Under the Act, agents appointed by registered political parties, third parties, and associated entities are legally responsible for submitting accurate and complete returns to ECSA. These returns must include prescribed details to meet funding and disclosure obligations. These include:

• Agent information: Name, contact details, and appointment status.
• State campaign account details: Bank name, account number, and registration confirmation.
• Receipts and debts: All amounts received or owed over $1,000, including the name and address of the donor or creditor.
• Donations: Source, amount, purpose, and confirmation that the donor is not a foreign entity.
• Political expenditure: Evidence of campaign-related spending.
• Annual and election returns: Lodged within statutory timeframes.

If the donor or creditor is an association, trust, foundation, or body corporate, the return must also include:

• Names of executive committee or board members.
• Parent, subsidiary, or related entities.
• These details can be omitted if they are publicly available and the return includes a reference and website link to the publication.

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Record retention requirements

Agents must keep any document that contains information included (or required to be included) in a return for at least 4 years from the date of the relevant election (section 130ZZA).

Donation and loan recordkeeping

• Donations: Record the name and address of donors for any donations of $200 or more (section 130ZJ).
• Loans: Record the terms and lender details for loans of $500 or more, unless from a financial institution.

Financial institutions include ADIs (banks, credit unions, building societies) or other bodies prescribed by regulation.

What counts as a loan

Includes advances, credit, financial accommodation, or any transaction that effectively results in a loan, including credit card transactions.

Additional entity details

If a donation or loan comes from a trust, foundation, board, or association, record the names of all trustees or governing members.

Disclosure threshold

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

Responding to evidence requests

The Electoral Commissioner may require a person to produce documents or appear to give evidence; non-compliance or the provision of false information attracts a penalty of up to $10,000 (section 130ZZB).

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Register of agents