Electoral Disclosure and Funding Act 2023
114Appointment of official agents
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114 Appointment of official agents
(1) A person who is –
(a) an independent Member, independent candidate, associated entity, third-party campaigner or significant political donor; or
(b) a person who is intending to become a third-party campaigner, or significant political donor, in relation to an election –
may, by application in writing to the Commission, in the approved manner and approved form, request the Commission to appoint a natural person, specified in the application, to be the official agent in relation to the person.
(2) An application under subsection (1) by a person for the Commission to appoint a natural person to be the official agent in relation to the person is to be accompanied by –
(a) a statement, signed by the natural person, that the natural person agrees to be appointed as the official agent in relation to the person; and
(b) a statutory declaration by the natural person as to whether the natural person is enrolled to vote at elections or is appointed to any office or position under the Electoral Act 2004 ; and
(c) a statutory declaration by the natural person stating whether the natural person has been –
(i) sentenced, in relation to an offence, to imprisonment for a term exceeding 2 years; or
(ii) convicted of an electoral offence, within the meaning of the Electoral Act 2004 ; or
(iii) convicted of an offence under this Act or a law, of the Commonwealth, another State or a Territory, that is a law relating to the election of members of parliament; or
(iv) within the previous 10 years, convicted of an offence, committed as an adult, involving fraud or dishonesty –
and, if the natural person has been so sentenced or convicted in relation to an offence, setting out details of the offence; and
(d) a statement, signed by the natural person, that the natural person consents for the Commission to check whether the natural person has any convictions for an offence or there have been any findings of guilt made against the natural person in relation to an offence.