sec.116GAgent’s obligation to ensure compliance

### sec.116G Agent’s obligation to ensure compliance The agent of a participant in an election must take all reasonable steps— to inform the participant, and each person the participant authorises to act for the participant under divisions 4 and 5 , about the obligations that apply to the participant and person under divisions 4 and 5 ; and to establish and maintain appropriate systems to support the participant and person to comply with the obligations. Maximum penalty—100 penalty units. If a participant in an election has an associated entity, the agent of the participant must take all reasonable steps— to inform the associated entity, and each person the associated entity authorises to act for it under divisions 4 and 5 , about the obligations that apply to the associated entity and person under divisions 4 and 5 ; and to establish and maintain appropriate systems to support the associated entity and person to comply with the obligations. Maximum penalty—100 penalty units. In deciding whether steps taken by the agent of a participant in an election to do a thing mentioned in subsection (1) or (2) are reasonable, a court must consider the amount of electoral expenditure incurred, or expected to be incurred, by— the participant; and if the participant has an associated entity—the associated entity. Subsection (5) applies in relation to the agent of— a registered political party that endorses a candidate in an election; or a third party for an election; or any of the following participants that has an associated entity— a registered political party that endorses a candidate in an election; a candidate in an election; a group of candidates for an election. In deciding whether steps taken by the agent of the participant to do a thing mentioned in subsection (1) or (2) are reasonable, a court must consider— the number of members and employees of the registered political party, third party or associated entity; and the number of people authorised to act for the registered political party, candidate, group of candidates or associated entity. See section 127O about keeping records. s 116G ins 2023 No. 8 s 26 (sec.116G-ssec.1) The agent of a participant in an election must take all reasonable steps— to inform the participant, and each person the participant authorises to act for the participant under divisions 4 and 5 , about the obligations that apply to the participant and person under divisions 4 and 5 ; and to establish and maintain appropriate systems to support the participant and person to comply with the obligations. Maximum penalty—100 penalty units. (sec.116G-ssec.2) If a participant in an election has an associated entity, the agent of the participant must take all reasonable steps— to inform the associated entity, and each person the associated entity authorises to act for it under divisions 4 and 5 , about the obligations that apply to the associated entity and person under divisions 4 and 5 ; and to establish and maintain appropriate systems to support the associated entity and person to comply with the obligations. Maximum penalty—100 penalty units. (sec.116G-ssec.3) In deciding whether steps taken by the agent of a participant in an election to do a thing mentioned in subsection (1) or (2) are reasonable, a court must consider the amount of electoral expenditure incurred, or expected to be incurred, by— the participant; and if the participant has an associated entity—the associated entity. (sec.116G-ssec.4) Subsection (5) applies in relation to the agent of— a registered political party that endorses a candidate in an election; or a third party for an election; or any of the following participants that has an associated entity— a registered political party that endorses a candidate in an election; a candidate in an election; a group of candidates for an election. (sec.116G-ssec.5) In deciding whether steps taken by the agent of the participant to do a thing mentioned in subsection (1) or (2) are reasonable, a court must consider— the number of members and employees of the registered political party, third party or associated entity; and the number of people authorised to act for the registered political party, candidate, group of candidates or associated entity. - (a) to inform the participant, and each person the participant authorises to act for the participant under divisions 4 and 5 , about the obligations that apply to the participant and person under divisions 4 and 5 ; and - (b) to establish and maintain appropriate systems to support the participant and person to comply with the obligations. - (a) to inform the associated entity, and each person the associated entity authorises to act for it under divisions 4 and 5 , about the obligations that apply to the associated entity and person under divisions 4 and 5 ; and - (b) to establish and maintain appropriate systems to support the associated entity and person to comply with the obligations. - (a) the participant; and - (b) if the participant has an associated entity—the associated entity. - (a) a registered political party that endorses a candidate in an election; or - (b) a third party for an election; or - (c) any of the following participants that has an associated entity— (i) a registered political party that endorses a candidate in an election; (ii) a candidate in an election; (iii) a group of candidates for an election. - (i) a registered political party that endorses a candidate in an election; - (ii) a candidate in an election; - (iii) a group of candidates for an election. - (i) a registered political party that endorses a candidate in an election; - (ii) a candidate in an election; - (iii) a group of candidates for an election. - (a) the number of members and employees of the registered political party, third party or associated entity; and - (b) the number of people authorised to act for the registered political party, candidate, group of candidates or associated entity.