Conferral of agent's functions and powers
130HA Conferral of agent's functions and powers
Subject to this section, if an agent is temporarily absent or unavailable to perform official functions or powers, the agent may, by written instrument, confer their functions and powers under this Part on an eligible person (an acting agent) for the period of absence or unavailability.
An instrument under subsection (1) must—
set out the name and address of the acting agent; and
contain any other details required by the Electoral Commissioner.
A copy of an instrument under subsection (1) must be given to the Electoral Commissioner as soon as is reasonably practicable after the making of the instrument.
Subject to subsection (5), the conferral of functions and powers pursuant to an instrument under subsection (1) has effect for a period specified in the instrument (provided that the period cannot commence before the date on which a copy of the instrument is given to the Electoral Commissioner and cannot be of a duration of more than 3 months).
The conferral of functions and powers by an agent pursuant to an instrument under subsection (1) ceases to have effect immediately on any of the following occurring:
the appointment of the agent ceasing to have effect under this Part;
the acting agent being convicted of an offence against this Part or
Part 20 of the Commonwealth
Electoral Act 1918 in relation to a particular State or Commonwealth election.
An agent cannot exercise their functions and powers under this Part during any period for which the instrument conferring those functions and powers on an acting agent under this section has effect.
The
Electoral Commissioner may include in the Register maintained under section 130H a notation of the name and address of an acting agent and the period for which the instrument conferring functions and powers on the acting agent under this section has effect.
An agent may, by written instrument, revoke an instrument under subsection (1).
A copy of an instrument under subsection (8) must be given to the Electoral Commissioner as soon as is reasonably practicable after the making of the instrument.
In this section—
eligible person means an individual—
who is of or over the age of 18 years; and
who has not been convicted of an offence against this Part or Part 20 of the Commonwealth
Electoral Act 1918 in relation to a particular State or Commonwealth election.
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