Integrity (Lobbyists) Act 2016

Part 1 — on the day on which this Act receives the Royal Assent;

the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.

In this Act, unless the contrary intention appears —

by meeting in person; and

by post, facsimile, telephone, email or any other form of electronic communication;

means any of the following —

a Minister;

a Parliamentary Secretary;

a public sector employee;

a person (other than a public sector employee) who is engaged by a public sector body under a contract for services;

a person employed by an entity listed in the PSM Act Schedule 1 column 2, if the entity is prescribed by the regulations for the purposes of this subparagraph;

a person employed by any body that is referred to in subsection (3) and is prescribed by the regulations for the purposes of this subparagraph;

the holder of any office, post or position that is referred to in subsection (3) and is prescribed by the regulations for the purposes of this subparagraph;

does not include —

any person to whom paragraph (a)(iii) to (vii) applies and who is performing functions in any office, branch or post located outside Australia; or

a non‑Executive ministerial officer;

means a person (other than a ministerial officer) who is employed or engaged to perform functions in the office of a Minister or a Parliamentary Secretary; and

if the person who is engaged to perform the functions is not a natural person, includes the natural person who actually performs the functions;

a Parliamentary Secretary appointed under the Constitution Acts Amendment Act 1899 section 44A(1); or

the Parliamentary Secretary of the Cabinet;

means an employee as defined in the PSM Act section 3(1); and

includes a ministerial contractor;

means a person who —

holds an office in the Public Sector, if the annual salary attached to that office is equal to or greater than the amount prescribed by the regulations for the purposes of this subparagraph; or

holds an office prescribed for the purposes of the Salaries and Allowances Act 1975 section 6(1)(e); or

holds an office in the Public Sector, or an office in a class of offices in the Public Sector, if the office or class of offices is prescribed by the regulations for the purposes of this subparagraph; or

is a ministerial contractor, if the person is a natural person and the criteria prescribed in relation to ministerial contractors by the regulations for the purposes of this subparagraph are met;

includes a person who is acting in an office to which paragraph (a)(i) to (iii) applies; but

does not include —

a non‑Executive ministerial officer; or

a person, office or position exempted by the Commissioner in accordance with the regulations;

the development, amendment or repeal of legislation;

the introduction of any Bill into either House of Parliament, or the passage, amendment, or defeat of any Bill that is before a House of Parliament;

the development, amendment or abandonment of any policy or programme;

the making of an appointment to any body, office, post or position;

the awarding of a contract, grant or donation;

the allocation of funding;

the exercise of a discretionary power;

For the purposes of this Act, a person undertakes a lobbying activity on behalf of another person if the lobbying activity is undertaken for the purpose of representing the interests of that other person.

Regulations made for the purposes of paragraph (a)(vi) or (vii) of the definition of government representative in subsection (1) can prescribe a body or the holder of an office, post or position only if —

the body, office, post or position is —

established or continued for a public purpose under a written law; or

established by the Governor or a Minister;

it is a corporation or association over which control can be exercised by —

the State; or

a public sector body; or

a body, office, post or position referred to in paragraph (a); or

a body or the holder of an office, post or position that is itself prescribed by the regulations for the purposes of paragraph (a)(vi) or (vii) of that definition.

In this Act, unless the contrary intention appears —

For an activity to be a lobbying activity, it is not essential that the activity be undertaken for any commission, payment or other reward (whether pecuniary or otherwise).

The following are not lobbying activities —

petitioning the Legislative Council or the Legislative Assembly, or both Houses;

petitioning the Governor;

communicating with a committee of the Legislative Council or the Legislative Assembly, or a joint committee of both Houses;

communicating with a person who is a Minister or a Parliamentary Secretary, in that person’s capacity as a member of either House of Parliament and not as a member of the Executive Government of the State, in relation to a matter that is not within that person’s responsibilities as a Minister or a Parliamentary Secretary;

subject to subsection (4), communicating as part of an activity of a grassroots campaign nature in an attempt to influence State government decision‑making, for example, encouraging letter‑writing, phone‑calling or emailing campaigns;

responding to —

a call for submissions; or

a request for tender, request for expression of interest, request for a proposal or a request of a similar nature;

providing information in response to a request from a government representative;

communicating only for the purpose of making an application under a written law, if the application is considered and decided under that written law by a government representative or the Governor;

making a public statement;

communicating about a personal matter on behalf of —

the person making the communication; or

a friend or relative of that person;

any activity or class of activity prescribed by the regulations for the purposes of this paragraph.

Subsection (3)(e) does not apply in relation to any communication by a person for any commission, payment or other reward (whether pecuniary or otherwise).

For the purposes of subsection (3)(j), a personal matter is a matter that relates only to a person’s personal, family or household affairs and is not related to any business or commercial activity.

The purpose of this Act is to promote and enhance public confidence in the transparency, integrity and honesty of dealings between government representatives and people who undertake lobbying activities on behalf of others.

In order to achieve this purpose, this Act —

provides for the registration of people who undertake lobbying activities; and

provides for the issuing of a code of conduct for registered persons in their dealings with government; and

prohibits registered persons from agreeing to receive payments or other rewards that are dependent on the outcome of lobbying activities.

requires a government representative to have dealings with —

a particular lobbyist; or

lobbyists in general;

limits communication by a person (whether personally or through a lobbyist) with a government representative if the law requires a government representative to take account of the views advanced by the person.

A person (person A) who is in the business of lobbying must not undertake lobbying activities on behalf of another person unless person A is accredited as a lobbyist.

For the purposes of subsection (1), the following persons are in the business of lobbying —

a person whose business consists of or includes undertaking lobbying activities on behalf of another person;

a person who employs or engages one or more persons to undertake lobbying activities on behalf of another person;

a person who is employed or engaged by a person to undertake lobbying activities on behalf of another person.

For the purposes of subsection (2)(b) and (c), the lobbying activities need not be the only work undertaken by an employee or contractor.

This section does not apply to any person to whom or to which section 9 applies.

a non‑profit organisation;

an organisation constituted to represent the interests of its members (for example, a trade union, an employer organisation or a professional body such as a law society);

a person who is employed or engaged by an organisation to which paragraph (b) applies, to the extent that the employee or contractor undertakes lobbying activities for the purpose of representing the interests of the organisation’s members;

a business the principal purpose of which is the carrying on of a technical or professional occupation (such as engineering, accountancy, town planning, medicine or law) in which the undertaking of lobbying activities is occasional only and incidental to the provision of the technical or professional services;

a person who provides technical or professional services as part of a business to which paragraph (d) applies, to the extent that the undertaking of lobbying activities by that person is occasional only and incidental to the provision of the technical or professional services;

a person who is employed by another person (the employer) to undertake lobbying activities only for the purpose of representing the interests of —

the employer; or

if the employer is a corporation, a related body corporate of the employer;

a member of a trade delegation visiting the State;

a person or body, or a member of a class of persons or bodies, prescribed by the regulations for the purposes of this paragraph.

The Commissioner must establish and maintain a register for the purposes of this Act.

The register records —

information relating to —

registrants; and

lobbyists;

any other information the Commissioner considers necessary or desirable for the purposes of this Act.

Without limiting subsection (2), the register must record information relating to persons for whom lobbyists are undertaking lobbying activities.

The Commissioner may —

keep the register in any form the Commissioner considers appropriate; and

make any changes to the register that the Commissioner considers necessary or desirable to ensure that the register is accurate and up‑to‑date.

The Commissioner must make the information on the register publicly available free of charge.

The Commissioner may comply with subsection (1) in any way the Commissioner considers appropriate.

Any person may be registered under this Act.

Subsection (1) is subject to sections 14 and 15.