Integrity (Lobbyists) Act 2016

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.