Election Funding, Expenditure and Disclosures Act 1981 No 78
Current version for 3 April 2013 to date (accessed 26 May 2013 at 02:17)
Part 4Division 3

Division 3 Register of Party Agents

39   Register of Party Agents to be kept

(1)  The Authority shall keep a register, to be called the Register of Party Agents.
(1A)  The Authority is to keep separate Registers of Party Agents for State and local government elections. The register for State elections may be called the State Register of Party Agents and the register for local government elections may be called the Local Government Register of Party Agents.
(2)  The Register of Party Agents shall be kept on a continuous basis.
(3)  Subject to this Act, the Register of Party Agents shall be kept in such form and manner as the Authority thinks fit.

40   Registration

(1)  Registration of a party agent shall be effected by the insertion in the Register of Party Agents of the name of the party agent and the name of the party by which the party agent was appointed.
(2)  There shall be included in the Register of Party Agents the address and occupation of each party agent, and such other particulars as the Authority thinks fit.

41   Appointment etc of party agents

(1)  A party shall appoint one party agent.
(2)  If at any time a party does not have a party agent appointed under this section, the party agent is the person who holds office at that time as the registered officer of the party under Part 4A of the Parliamentary Electorates and Elections Act 1912 or under the Local Government Act 1993, as the case requires.
(3)  The appointment of a party agent may be revoked.
(4)  If a party agent dies or resigns, the party by which the party agent was appointed shall forthwith give notice of that fact in writing to the Authority.
(5)  If a party agent dies or resigns or his or her appointment is revoked, the party by which the party agent was appointed shall appoint another party agent in his or her place.
(6)  The appointment, or the revocation of the appointment, of a party agent shall be made by notice in writing furnished to the Authority, but does not take effect until the appropriate action has been taken under section 42.
(7)  A notice under this section shall be in the form approved by the Authority.
(8)  A notice of the appointment of a party agent shall be deemed not to have been properly given unless it is accompanied by the signed acceptance of appointment of the person appointed.
(9)  A person appointed to any office or position under the Parliamentary Electorates and Elections Act 1912 is not eligible to be a party agent.
(10)  If a party fails to comply with a provision of this section:
(a)  the party is guilty of an offence and liable to a penalty not exceeding 200 penalty units, and
(b)  each person who, at the time the failure occurred, was an officer of the party is guilty of an offence and liable to a penalty not exceeding 100 penalty units.

42   Entries in the Register

(1)  On receipt of a notice of the appointment of a party agent furnished under section 41, the Authority shall register the party agent in the Register of Party Agents.
(2)  On receipt of a notice furnished under section 41 of the death or resignation, or the revocation of the appointment, of a party agent, the Authority shall remove the name of the party agent from the Register of Party Agents.
(3)  The Authority may reject a notice referred to in subsection (1) or (2) if, in its opinion, the notice is not in accordance with this Act.

43   Amendment of Register

The Authority may amend the Register of Party Agents by:
(a)  correcting a mistake or omission, or
(b)  recording a change in the name, address or occupation of a party agent or a change in the name of the party by which a party agent was appointed.
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