ELECTORAL ACT 1985 - SECT 130H

ELECTORAL ACT 1985 - SECT 130H

130H—Registration of agents

        (1)         The Electoral Commissioner must establish and maintain a register, to be known as the Register of Agents (the "Register").

        (2)         The Register must contain the name and address of every person appointed to be an agent for the purposes of this Part.

        (3)         The appointment of an agent—

            (a)         takes effect on the entry of the name and address of the agent in the Register; and

            (b)         ceases to have effect if the name and address of the agent are removed from the Register.

        (4)         The name and address of a person may not be removed from the Register unless—

            (a)         the person gives to the Electoral Commissioner written notice that he or she has resigned the appointment as agent; or

            (b)         the appointing person or body gives to the Electoral Commissioner—

                  (i)         written notice that the person has ceased to be its agent; and

                  (ii)         in the case of an appointing person or body that is required under this Part to have an agent—also gives notice under this Part of the appointment of another person as its agent; or

            (c)         the person is convicted of an offence against this Part or Part 20 of the Commonwealth Electoral Act 1918 .

        (5)         If a person who is an agent dies, the appointing person or body must, within 28 days after the death of the person, give to the Electoral Commissioner—

            (a)         written notice of the death; and

            (b)         notice under this Part of the appointment of another person as its agent.

        (6)         If a person who is an agent of an appointing person or body that is required under this Part to have an agent is convicted of an offence against this Part or Part 20 of the Commonwealth Electoral Act 1918 , the appointing person or body must give notice under this Part of a fresh appointment within 28 days after the conviction or, if an appeal against the conviction is instituted and the conviction is affirmed, within 28 days after the appeal is determined.

        (7)         An entry in the Register is, for all purposes, conclusive evidence that the person described in the entry is the agent, for the purposes of this Part, of the appointing person or body named in the entry.