{"id":"the-agent-general-act-1895","name":"The Agent General Act 1895","slug":"the-agent-general-act-1895","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110591,"registerId":"wa-the-agent-general-act-1895-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"The Agent General Act 1895","content":"![Crest]()Western Australia\n\nAgent General Act 1895\n\n- **Reprinted under the *Reprints Act 1984* as**\n- **at 15 August 2003**\n\n\nWestern Australia\n\nAgent General Act 1895\n\nContents\n\n1. Appointment 1\n\n2. Duties 1\n\n3. Salary 1\n\n4. Tenure and duration of office 1\n\n5. No compensation to be claimed for loss of office or diminution of emoluments 2\n\n6. Agent General not to hold any office in company, etc. 2\n\n7. Short title 2\n\nNotes\n\nCompilation table 3\n\n  \n\n- Crest **Reprinted under the *Reprints Act 1984* as**\n- **at 15 August 2003**\n\n\nWestern Australia\n\nAgent General Act 1895\n\nAn Act to regulate the appointment, and the tenure of the office, of Agent General.\n\n##### 1. Appointment\n\nThe Governor may appoint any person to be Agent General for Western Australia.\n\n##### 2. Duties\n\nIt shall be the duty of the Agent General to do and perform all acts, matters, and things in the United Kingdom and elsewhere in relation to Western Australia, in accordance with such instructions as may from time to time be given or transmitted to him by such Minister as may from time to time be appointed by the Governor to be the channel of communication between the State and the Agent General.\n\n##### 3. Salary\n\nThe Agent General shall on and after 1 March 1975 be paid such salary and allowances as are from time to time determined by the Governor.\n\n[Section 3 inserted: No. 3 of 1975 s. 3.]\n\n##### 4. Tenure and duration of office\n\nEvery person appointed Agent General, whether before or after the passing of this Act, may at any time be suspended or removed from office by the Governor, and shall in any event cease to hold office at the end of 3 years from the date of appointment, but shall be eligible for re‑appointment.\n\n##### 5. No compensation to be claimed for loss of office or diminution of emoluments\n\nNo person who may be appointed to the office of Agent General shall have or be entitled to any compensation by reason of the loss of such office, or of the diminution of the emoluments thereof.\n\n##### 6. Agent General not to hold any office in company, etc.\n\nNo person who may be appointed to the office of Agent General shall, during his tenure of office, act as a director of, or hold any office in, any company or syndicate whatsoever, whether incorporated or not.\n\n##### 7. Short title\n\nThis Act may be cited for all purposes as the *Agent General Act 1895* 1.\n\n[Section 7 amended: No. 5 of 1957 s. 1(3).]\n\nNotes\n\n1 This reprint is a compilation as at 15 August 2003 of the *Agent General Act 1895* and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *The Agent General Act 1895* 2 | 59 Vict. No. 7 | 28 Aug 1895 | 28 Aug 1895 |\n| *Acts Amendment (Allowances and Salaries Adjustment) Act 1947* s. 2(3) | 52 of 1947 | 19 Dec 1947 | 19 Dec 1947 |\n| *Acts Amendment (Allowances and Salaries Adjustment) Act 1955* s. 2(3) | 47 of 1955 | 5 Dec 1955 | 5 Dec 1955 |\n| *The Agent General Act Amendment Act 1957* | 5 of 1957 | 19 Aug 1957 | 19 Aug 1957 |\n| *Agent General Act Amendment Act 1969* | 39 of 1969 | 21 May 1969 | 21 May 1969 |\n| **Reprint of the *Agent General Act 1895* approved 10 Jul 1970** (includes amendments listed above) | | | |\n| *Agent General Act Amendment Act 1975* | 3 of 1975 | 9 May 1975 | 1 Mar 1975 (see s. 2) |\n| **Reprint 2: The *Agent General Act 1895* as at 15 Aug 2003** (includes amendments listed above) | | | |\n\n\n2 Now known as the *Agent General Act 1895*; short title changed (see note under s. 7).\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Amendments over time have been technical or administrative (notably the 1975 insertion delegating salary and allowances determination to the Governor and earlier adjustments to allowances/salaries), and changes to the short title. The core statutory purpose — to regulate appointment, duties, tenure and restrictions on the Agent General — remains the same as originally enacted in 1895. The Act’s scope has not been materially expanded beyond that original regulatorily limited representative role; changes affect remuneration mechanics and formalities rather than substantive expansion of functions."},"complexity_factors":["Short Act: 7 substantive sections only (ss.1–7).","Few defined terms; no interpretation section.","Limited cross-references to other statutes; most provisions self-contained.","Simple conditional logic: Governor may appoint; Governor may remove; 3‑year term fixed (s.4).","One amendment of substance: s.3 inserted in 1975 to vest salary determination with the Governor.","No layered exceptions or nested qualifications.","Low number of decision-makers and discrete duties reduces branching complexity."],"plain_english_summary":"**What this Act does, who it affects, and why it matters**\n\n- **What the law establishes (mechanics):**\n  - The Governor of Western Australia may appoint an Agent General to represent Western Australia overseas (s.1).\n  - The Agent General’s job is to carry out acts and tasks in the United Kingdom and elsewhere on behalf of Western Australia, following instructions passed through a Minister designated by the Governor as the channel of communication (s.2).\n  - From 1 March 1975 the Agent General’s salary and allowances are set by the Governor (s.3).\n  - Appointments are for a maximum of three years; the Governor can suspend or remove the Agent General at any time, and an outgoing Agent General may be re‑appointed (s.4).\n  - A person appointed as Agent General cannot claim compensation for losing the office or for having their pay reduced (s.5).\n  - While holding office the Agent General must not serve as a director or hold any office in any company or syndicate (s.6).\n  - The Act’s short title is the Agent General Act 1895 (s.7).\n\n- **Who is affected:**\n  - The Agent General post and any person appointed to it (direct effect).\n  - The State (it pays salary/allowances and decides terms via the Governor and Minister).\n  - Third parties who use the Agent General’s representation or services abroad (indirect effect), and businesses whose principals might otherwise seek to appoint the same person to corporate offices (constrained by s.6).\n\n- **Why it matters (practical effects):**\n  - It sets up a formally controlled overseas representative role for Western Australia and gives the State executive (Governor and designated Minister) the power to appoint, instruct, remunerate, suspend or remove the officeholder (ss.1–4).\n  - It restricts outside commercial roles for the officeholder to avoid concurrent private appointments during the tenure (s.6).\n  - It limits the officeholder’s contractual remedies against the State for loss of office or reduced pay (s.5).\n\n- **Source’s stated purpose (as presented by the instrument):**\n  - The Act regulates appointment and tenure of the Agent General and defines the duties and constraints on that office (primarily ss.1–2, 4–6).\n\n- **Testing that purpose against costs, incentives and implementation mechanics:**\n  - Who pays: the State funds the salary and allowances determined by the Governor (s.3). That is a direct fiscal cost; frequency and scale depend on the Governor’s determinations and budget choices.\n  - Who decides: the Governor formally appoints and determines pay; a Minister designated by the Governor provides instructions and acts as the communication channel (ss.1–3). This concentrates operational control in the executive.\n  - Behavioural effects on appointees: the prohibition on holding company offices while serving (s.6) reduces opportunities for the Agent General to supplement income with private directorships during tenure. That reduces conflicts of interest but may narrow the candidate pool or reduce willingness of senior private-sector candidates to accept the post.\n  - Turnover and control: a mandatory 3‑year ceiling and the Governor’s power of suspension/removal (s.4) make the office relatively short term and subject to executive discretion; this can increase political/administrative responsiveness but also creates reappointment uncertainty for the officeholder.\n  - Legal risk and compensation: the explicit bar on compensation claims for loss of office or emolument diminution (s.5) reduces the State’s exposure to litigation and financial claims from former Agents General, shifting the risk to the officeholder.\n  - Administrative discretion and implementation risk: many key decisions (appointment, instructions, pay, removal) rest with the Governor and a nominated Minister (ss.1–4). That produces clear lines of control but increases the role of executive judgement; transparent instructions and record-keeping will determine how that discretion operates in practice.\n  - Effects on private enterprise and competition: the role is an official representative rather than a commercial licence. The main direct impact on private enterprise is the prohibition on the Agent General holding corporate offices (s.6), which prevents potential overlap of official representation with private commercial decision‑making while in office.\n\n- **Trade-offs and opportunity costs:**\n  - The Act trades potential private-sector experience/dual appointments (disallowed by s.6) for greater assurance against conflicts of interest.\n  - The State incurs salary costs but retains flexibility over appointment duration and removal, and limits its legal exposure to compensation claims (s.5).\n\n- **Concentrated benefits, diffuse costs and risks (mechanisms, not adjudications):**\n  - Concentrated benefit: the appointed Agent General obtains a salaried public office and the attendant influence; the Act also centralises appointment power with the Governor/Minister.\n  - Diffuse cost: the fiscal cost of remuneration is borne by the public purse and dispersed across taxpayers.\n  - Mechanisms that could create risks: the strong executive control mechanism (appointment, instruction, removal, pay) can enable political appointment or rapid policy shifts in the office’s direction; the prohibition on outside roles reduces conflict risk but may affect candidate supply (ss.1–4, 6).\n\n- **Administrative/compliance burden:**\n  - Minimal for private parties; the main compliance effects apply to the officeholder (must not hold company offices, cannot bring compensation claims) and to the executive (recording instructions and decisions).\n\n- **Relevant sections cited:** appointment (s.1); duties and instruction channel (s.2); salary (s.3); tenure and removal (s.4); no compensation (s.5); prohibition on company offices (s.6); short title (s.7)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The Act remains tightly focused on its original purpose: establishing and regulating the office of Agent General. While Section 3 was amended in 1975 to change salary determination from fixed amounts to Governor-determined rates, and the short title was modernized in 1957, the core scope—appointment, duties, tenure, and restrictions on the Agent General—has not expanded beyond the original 1895 intent."},"complexity_factors":["Only 7 sections, totaling roughly 300 words","No defined terms section; ordinary words used in ordinary senses","Minimal cross-referencing (only internal section references in amendment notes)","Simple conditional logic (e.g., 'during his tenure of office')","Straightforward command structure ('shall', 'may') without nested exceptions","Amendment history is procedural rather than substantive complexity"],"plain_english_summary":"This is a short Western Australian law from 1895 that sets up the job of 'Agent General'—essentially Western Australia's official representative in the United Kingdom (and sometimes other places). Think of it as the State's lobbyist and fixer in London.\n\n**What it does:**\n- **Who gets hired:** The Governor (on behalf of the State) can appoint anyone to be Agent General.\n- **What they do:** They follow instructions from a designated State Minister to handle Western Australian business in the UK and elsewhere. Historically, this involved promoting migration, trade, and investment, and looking after the State's interests.\n- **How much they get paid:** Since 1975, the Governor decides the salary and allowances (previously set amounts were specified in earlier versions).\n- **Job security:** It's a fixed 3-year gig, but the Governor can sack them at any time. They can be reappointed when the term ends.\n- **No golden handshake:** If they lose the job or their pay gets cut, they can't claim compensation.\n- **Conflict of interest rule:** While in office, they can't be a director or hold any position in any company or business group.\n\n**Why it matters:**\nThis Act creates a direct diplomatic and commercial link between Western Australia and the UK. Even though Australia is independent, States still maintain Agents General (or equivalent representatives) in London to handle trade, investment, and ceremonial duties. The Act keeps the role accountable to the State government rather than letting the appointee operate independently or profit from private business while representing the State."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible — the legislative text was not retrievable. No content was available to compare against any original intent."},"complexity_factors":["No legislative text was available for analysis — the page returned a 404-style unavailability notice","Unable to assess actual legal complexity without content","Historical colonial-era Acts of this type are typically short and administratively straightforward"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe actual text of **The Agent General Act 1895** (Western Australia) could not be retrieved. The page hosting this legislation has been taken down due to system and security upgrades on the Western Australian legislation website.\n\n**What we know from context:**\n- This is a **Western Australian law** dating back to **1895** — making it one of the oldest pieces of surviving colonial-era legislation\n- An \"Agent General\" was the official representative of an Australian colony (and later state) posted in London, England, acting as a trade, diplomatic, and immigration liaison\n- This Act likely governs the **appointment, powers, and responsibilities** of Western Australia's Agent General in the United Kingdom\n\n**To find the actual text**, visit the [Western Australian legislation website](https://www.legislation.wa.gov.au) and search directly for the Act by name."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/the-agent-general-act-1895","history":"/api/acts/the-agent-general-act-1895/history","analysis":"/api/acts/the-agent-general-act-1895/analysis","conflicts":"/api/acts/the-agent-general-act-1895/conflicts","importantCases":"/api/acts/the-agent-general-act-1895/important-cases","documents":"/api/acts/the-agent-general-act-1895/documents"}}