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Queensland
Integrity Bill 2009
Queensland
Integrity Bill 2009
Contents
Page
Chapter 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
5 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Chapter 2 Integrity commissioner
6 Integrity commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
7 Functions of integrity commissioner . . . . . . . . . . . . . . . . . . . . . . . 9
8 Protection for integrity commissioner . . . . . . . . . . . . . . . . . . . . . . 10
Chapter 3 Advice on ethics or integrity issues
Part 1 Core concepts
9 Meaning of ethics or integrity issue . . . . . . . . . . . . . . . . . . . . . . . 10
10 Meaning of conflict of interest issue and references to interest or
conflict of interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
11 Meaning of interests issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
12 Meaning of designated person . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
13 Meaning of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Part 2 Advice for designated persons on ethics or integrity issues
14 Application of pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
15 Request for advice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
16 Request by Premier . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
17 Request by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
18 Request by Parliamentary Secretary . . . . . . . . . . . . . . . . . . . . . . 14
19 Request by Leader of the Opposition . . . . . . . . . . . . . . . . . . . . . . 14
20 Request by chief executive. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
21 Advice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Integrity Bill 2009
Contents
Part 3 Meeting with and advice for members of Legislative
Assembly on interests issues
22 Meeting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
23 Advice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Part 4 Confidentiality and protection
Division 1 Secrecy
24 Secrecy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Division 2 Authorised disclosures--ethics or integrity issue
25 Definitions for division. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
26 Disclosure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
27 Disclosure by designated person to whom a relevant document
relates ....................................... 19
28 Disclosure to designated person to whom a relevant document
relates ....................................... 19
29 Disclosure to Premier . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
30 Disclosure to Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
31 Disclosure to Parliamentary Secretary . . . . . . . . . . . . . . . . . . . . . 20
32 Disclosure to Leader of the Opposition . . . . . . . . . . . . . . . . . . . . 20
33 Disclosure to chief executive officer . . . . . . . . . . . . . . . . . . . . . . . 21
Division 3 Authorised disclosures--interests issues
34 Definitions for division. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
35 Disclosure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
36 Disclosure by member to whom a relevant document relates . . . 22
37 Disclosure to member to whom a relevant document relates. . . . 23
38 Disclosure to Premier . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
39 Disclosure to Leader of the Opposition . . . . . . . . . . . . . . . . . . . . 23
Division 4 Protection
40 Limited protection for acting on conflict of interest advice . . . . . . 24
Chapter 4 Regulation of lobbying activities
Part 1 Core concepts
41 Meaning of lobbyist and related concepts . . . . . . . . . . . . . . . . . . 25
42 Meaning of lobbying activity and contact . . . . . . . . . . . . . . . . . . . 26
43 Meaning of lobbyists register and lobbyists code of conduct . . . . 27
44 Meaning of government representative . . . . . . . . . . . . . . . . . . . . 28
45 Meaning of former senior government representative . . . . . . . . . 28
46 Meaning of councillor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
47 Meaning of public sector officer . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Page 2
Integrity Bill 2009
Contents
Part 2 Registration of lobbyists
Division 1 Interpretation
48 Definitions for part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Division 2 Register
49 Register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
50 Timely updating of particulars . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
51 Updating of particulars contained in application. . . . . . . . . . . . . . 31
Division 3 Registration
52 Definitions for division. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
53 Application for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
54 Integrity commissioner's powers before deciding application. . . . 32
55 Grounds for refusing registration . . . . . . . . . . . . . . . . . . . . . . . . . 33
56 Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
57 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
58 Representations about show cause notice. . . . . . . . . . . . . . . . . . 35
59 Registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
60 Refusal to register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Division 4 Cancellation of registration
61 Definitions for division. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
62 Grounds for cancellation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
63 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
64 Representations about show cause notice. . . . . . . . . . . . . . . . . . 37
65 No cancellation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
66 Cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Part 3 Limitations on lobbying activities
67 Definition for part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
68 Lobbyists code of conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
69 Success fee prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
70 Related lobbying by former senior government representative
prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
71 Lobbying by unregistered entity prohibited. . . . . . . . . . . . . . . . . . 40
72 Act not to require contact or limit particular contact . . . . . . . . . . . 41
Chapter 5 Administrative provisions for integrity commissioner
73 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
74 Procedure before appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
75 Term of appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Page 3
Integrity Bill 2009
Contents
76 Remuneration and conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
77 Leave of absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
78 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
79 Oath before performing duties . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
80 Declaration of interests. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
81 Conflicts of interest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
82 Removal from office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
83 Delegation of powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
84 Acting integrity commissioner. . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
85 Annual reports of integrity commissioner . . . . . . . . . . . . . . . . . . . 46
Chapter 6 Strategic reviews of integrity commissioner's functions
86 Conduct of reviews . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
87 Powers of strategic review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
88 Report of strategic review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Chapter 7 Miscellaneous provisions
89 Functions of parliamentary committee . . . . . . . . . . . . . . . . . . . . . 49
90 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
91 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Chapter 8 Transitional provisions
92 Outdated references. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
93 Continuation of appointment as integrity commissioner. . . . . . . . 51
94 Continuation of nomination as designated person . . . . . . . . . . . . 51
95 Requests for advice under Public Sector Ethics Act 1994 . . . . . . 51
96 Previous register of lobbyists . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
97 Noncompliance with Queensland Contact with Lobbyists Code . 52
98 References to Local Government Act 2009 . . . . . . . . . . . . . . . . . 52
99 References to Sustainable Planning Act 2009 . . . . . . . . . . . . . . . 53
Chapter 9 Amendments
Part 1 Amendment of this Act
100 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
101 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Part 2 Amendment of Government Owned Corporations Act 1993
102 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
103 Replacement of s 156 (Application of Crime and Misconduct
Act) ......................................... 54
156 Application of Crime and Misconduct Act. . . . . . . . . . 55
Page 4
Integrity Bill 2009
Contents
104 Replacement of sch 4, s 156 (Application of Crime and
Misconduct Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
156 Application of Crime and Misconduct Act. . . . . . . . . . 56
Part 3 Amendment of Parliament of Queensland Act 2001
105 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
106 Amendment of s 78 (Main object of ch 5 and its achievement) . . 58
107 Amendment of s 80 (Establishment of statutory committees) . . . 58
108 Replacement of ch 5, pt 4, div 2, hdg (Members' Ethics and
Parliamentary Privileges Committee) . . . . . . . . . . . . . . . . . . . . . . 59
109 Replacement of s 90 (Areas of responsibility of Members' Ethics
and Parliamentary Privileges Committee) . . . . . . . . . . . . . . . . . . 59
90 Areas of responsibility of Integrity, Ethics and
Parliamentary Privileges Committee . . . . . . . . . . . . . 59
90A Integrity of public institutions . . . . . . . . . . . . . . . . . . . 59
Part 4 Amendment of Public Service Act 2008
110 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
111 Amendment of s 101 (Declaration of interests) . . . . . . . . . . . . . . 60
112 Insertion of new ch 9, pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
Part 4 Transitional provision for the Integrity Act 2009
255 Declaration of interests by chief executives . . . . . . . . 61
113 Amendment of sch 2 (Statutory office holders who are not term
appointees). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
114 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 61
Part 5 Amendment of other Acts
115 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
Schedule 1 Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Local Government Act 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Public Sector Ethics Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Right to Information Act 2009. . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Schedule 2 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Page 5
2009
A Bill
for
An Act to provide for an integrity commissioner, to facilitate the
giving of advice to Ministers and others on ethics or integrity
issues, to establish a register of lobbyists and provide
appropriate limitations on the contact between lobbyists and
government representatives, including by providing for a code
of conduct and prohibiting the payment of success fees, and to
make particular related amendments of this Act, the
Government Owned Corporations Act 1993, the Local
Government Act 2009, the Parliament of Queensland Act 2001,
the Public Sector Ethics Act 1994, the Public Service Act 2008
and the Right to Information Act 2009
Integrity Bill 2009
Chapter 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Chapter 1 Preliminary 2
1 Short title 3
This Act may be cited as the Integrity Act 2009. 4
2 Commencement 5
This Act commences on a day to be fixed by proclamation. 6
3 Dictionary 7
The dictionary in schedule 2 defines particular words used in 8
this Act. 9
Note-- 10
Core concepts for chapter 3 are defined in chapter 3, part 1, and core 11
concepts for chapter 4 are defined in chapter 4, part 1, with signposts to 12
those definitions set out in schedule 2. 13
4 Purpose 14
The purpose of this Act is to encourage confidence in public 15
institutions by-- 16
(a) helping Ministers, members of the Legislative 17
Assembly, and others to deal appropriately with ethics 18
or integrity issues; and 19
(b) regulating contact between lobbyists and State or local 20
government representatives so that lobbying is 21
conducted in accordance with public expectations of 22
transparency and integrity. 23
Page 8
Integrity Bill 2009
Chapter 2 Integrity commissioner
[s 5]
5 Act binds all persons 1
(1) This Act binds all persons including the State and, as far as 2
the legislative power of the Parliament permits, the 3
Commonwealth and all the other States. 4
(2) Subsection (1) does not make the State, the Commonwealth or 5
another State liable for an offence. 6
Chapter 2 Integrity commissioner 7
6 Integrity commissioner 8
(1) There is to be a Queensland Integrity Commissioner. 9
(2) The integrity commissioner is an officer of the Parliament. 10
Note-- 11
The administrative provisions for the integrity commissioner are set out 12
in chapter 5. 13
7 Functions of integrity commissioner 14
(1) The integrity commissioner has the following functions-- 15
(a) to give written advice to a designated person on ethics or 16
integrity issues as provided for under chapter 3, part 2; 17
(b) to meet with, and give written or oral advice to, 18
members of the Legislative Assembly as provided for 19
under chapter 3, part 3; 20
(c) to keep the lobbyists register and have responsibility for 21
the registration of lobbyists under chapter 4; 22
(d) to raise public awareness of ethics or integrity issues by 23
contributing to public discussion of these issues relevant 24
to the integrity commissioner's functions. 25
(2) However, in performing the function mentioned in subsection 26
(1)(d), the integrity commissioner must not disclose 27
Page 9
Integrity Bill 2009
Chapter 3 Advice on ethics or integrity issues
Part 1 Core concepts
[s 8]
information likely to identify a specific request for the 1
integrity commissioner's advice on an ethics or integrity issue, 2
including information likely to identify an individual-- 3
(a) who requested the integrity commissioner's advice on 4
an ethics or integrity issue; or 5
(b) about whom the integrity commissioner's advice on an 6
ethics or integrity issue was requested. 7
8 Protection for integrity commissioner 8
(1) The integrity commissioner is not liable in a civil proceeding 9
or under an administrative process for an act or omission done 10
or made by the integrity commissioner acting in good faith, 11
and without negligence, for the purposes of this Act. 12
(2) If subsection (1) prevents a civil liability attaching to the 13
integrity commissioner, the liability attaches instead to the 14
State. 15
Chapter 3 Advice on ethics or integrity 16
issues 17
Part 1 Core concepts 18
9 Meaning of ethics or integrity issue 19
(1) An ethics or integrity issue is an issue concerning ethics or 20
integrity and includes a conflict of interest issue. 21
(2) Also, only for a request by the Premier under part 2, an ethics 22
or integrity issue includes standard-setting for ethics or 23
integrity issues. 24
Page 10
Integrity Bill 2009
Chapter 3 Advice on ethics or integrity issues
Part 1 Core concepts
[s 10]
10 Meaning of conflict of interest issue and references to 1
interest or conflict of interest 2
(1) A conflict of interest issue, involving a person, is an issue 3
about a conflict or possible conflict between a personal 4
interest of the person and the person's official responsibilities. 5
(2) A reference to an interest or to a conflict of interest is a 6
reference to those matters within their ordinary meaning 7
under the general law, and, in relation to an interest, the 8
definition in the Acts Interpretation Act 1954, section 36 does 9
not apply. 10
11 Meaning of interests issues 11
Interests issues, for a member of the Legislative Assembly, 12
means ethics or integrity issues relevant to the member for, or 13
in, the register of the interests of members, or the register of 14
the interests of persons related to members, kept under the 15
standing orders of the Legislative Assembly. 16
12 Meaning of designated person 17
(1) Each of the following persons is a designated person-- 18
(a) a member of the Legislative Assembly; 19
(b) a statutory office holder; 20
(c) a chief executive of a department of government or a 21
public service office; 22
(d) a senior executive or senior officer; 23
(e) a chief executive of, or a senior officer equivalent 24
employed in, a government entity who is nominated by 25
the Minister responsible for administering the entity; 26
(f) a ministerial staff member who gives, or a person 27
engaged to give, advice to a Minister; 28
(g) a parliamentary secretary staff member who gives, or a 29
person engaged to give, advice to a Parliamentary 30
Secretary; 31
Page 11
Integrity Bill 2009
Chapter 3 Advice on ethics or integrity issues
Part 2 Advice for designated persons on ethics or integrity issues
[s 13]
(h) without limiting paragraph (f) or (g), a person, or a 1
person within a class of person, nominated by a Minister 2
or Parliamentary Secretary. 3
(2) A nomination under subsection (1)(e) or (h) must be by signed 4
notice given to the integrity commissioner. 5
(3) A non-government member may not be nominated under 6
subsection (1)(h). 7
13 Meaning of information 8
Information, in this chapter, includes a document. 9
Part 2 Advice for designated persons 10
on ethics or integrity issues 11
14 Application of pt 2 12
This part does not apply in relation to advice for a member of 13
the Legislative Assembly on interests issues. 14
Note-- 15
Part 3 applies in relation to advice for a member on interests issues. 16
15 Request for advice 17
(1) A designated person (the advisee) may, by written request to 18
the integrity commissioner, ask for the integrity 19
commissioner's advice on an ethics or integrity issue 20
involving the person. 21
(2) Also, a particular designated person (also the advisee) may, by 22
written request to the integrity commissioner, ask for the 23
integrity commissioner's advice on an ethics or integrity issue 24
involving another particular designated person as provided for 25
by sections 16 to 20. 26
Page 12
Integrity Bill 2009
Chapter 3 Advice on ethics or integrity issues
Part 2 Advice for designated persons on ethics or integrity issues
[s 16]
(3) If the advisee is a relevant officer, the advisee must also give 1
the integrity commissioner a signed authority from the chief 2
executive of the department, public service office or 3
government entity in which the advisee is employed 4
authorising the advisee to ask for the advice. 5
(4) The advisee must disclose to the integrity commissioner all 6
information relevant to the ethics or integrity issue. 7
(5) The integrity commissioner may ask the advisee for further 8
information for the purpose of giving the advice on the ethics 9
or integrity issue. 10
(6) To remove any doubt, it is declared that, subject to section 16, 11
the integrity commissioner's advice must not be requested by 12
or about a person who has been, but is not presently, a 13
designated person. 14
(7) In this section-- 15
relevant officer means a senior executive, senior officer or 16
senior officer equivalent. 17
16 Request by Premier 18
The Premier may ask for the integrity commissioner's advice 19
on an ethics or integrity issue involving any person who is, or 20
has been, a designated person other than a non-government 21
member. 22
17 Request by Minister 23
A Minister who is not the Premier may ask for the integrity 24
commissioner's advice on an ethics or integrity issue 25
involving a designated person who is-- 26
(a) a statutory office holder whose office is established 27
under an Act administered by the Minister; or 28
(b) the chief executive of a department or public service 29
office administered by the Minister or a senior executive 30
Page 13
Integrity Bill 2009
Chapter 3 Advice on ethics or integrity issues
Part 2 Advice for designated persons on ethics or integrity issues
[s 18]
or senior officer employed in the department or public 1
service office; or 2
(c) a chief executive of a government entity, or a senior 3
officer equivalent employed in a government entity, 4
nominated by the Minister under section 12(1)(e); or 5
(d) mentioned in section 12(1)(f); or 6
(e) nominated by the Minister under section 12(1)(h). 7
18 Request by Parliamentary Secretary 8
A Parliamentary Secretary may ask for the integrity 9
commissioner's advice on an ethics or integrity issue 10
involving a designated person who is-- 11
(a) mentioned in section 12(1)(g); or 12
(b) nominated by the Parliamentary Secretary under section 13
12(1)(h). 14
19 Request by Leader of the Opposition 15
The Leader of the Opposition may ask for the integrity 16
commissioner's advice on an ethics or integrity issue 17
involving a non-government member who is a member of the 18
political party to which the Leader of the Opposition belongs. 19
20 Request by chief executive 20
(1) The chief executive of a department or public service office 21
may ask for the integrity commissioner's advice on an ethics 22
or integrity issue involving a designated person employed in 23
the department or public service office. 24
(2) The chief executive of a government entity who is nominated 25
by the Minister under section 12(1)(e) may ask for the 26
integrity commissioner's advice on an ethics or integrity issue 27
involving a senior officer equivalent who is-- 28
(a) nominated by the Minister under section 12(1)(e); and 29
Page 14
Integrity Bill 2009
Chapter 3 Advice on ethics or integrity issues
Part 2 Advice for designated persons on ethics or integrity issues
[s 21]
(b) employed in the entity managed by the chief executive. 1
21 Advice 2
(1) If, under section 15, a designated person asks the integrity 3
commissioner for advice on an integrity or ethics issue, the 4
integrity commissioner must give the designated person 5
advice on the issue. 6
(2) The integrity commissioner must give the advice in writing. 7
(3) For giving the advice, the integrity commissioner-- 8
(a) must have regard to the following-- 9
(i) codes of conduct approved under the Public Sector 10
Ethics Act 1994, section 17; 11
(ii) ethical standards or codes of conduct adopted by 12
the Legislative Assembly by resolution; 13
(iii) ethical standards or codes of conduct approved by 14
the Premier for Ministers; and 15
(b) may have regard to other ethical standards the integrity 16
commissioner considers appropriate. 17
(4) However, subsection (1) does not apply if the integrity 18
commissioner-- 19
(a) reasonably believes-- 20
(i) the integrity commissioner does not have enough 21
information in relation to the ethics or integrity 22
issue to give the advice; or 23
(ii) the advice is asked for in circumstances where the 24
giving of the advice would not be in keeping with 25
the purpose of this Act; and 26
(b) gives the designated person written reasons for refusing 27
to give the advice. 28
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Integrity Bill 2009
Chapter 3 Advice on ethics or integrity issues
Part 3 Meeting with and advice for members of Legislative Assembly on interests issues
[s 22]
Part 3 Meeting with and advice for 1
members of Legislative 2
Assembly on interests issues 3
22 Meeting 4
(1) A member of the Legislative Assembly may request a meeting 5
with the integrity commissioner on interests issues for the 6
member. 7
(2) The member must disclose to the integrity commissioner all 8
information relevant to the interests issues. 9
(3) The integrity commissioner may ask the member of the 10
Legislative Assembly for further information for the purpose 11
of having the meeting or giving advice on the interests issues. 12
23 Advice 13
(1) If a member of the Legislative Assembly meets with the 14
integrity commissioner on interests issues, the integrity 15
commissioner must give the member advice on the interests 16
issues. 17
(2) The integrity commissioner may give the advice orally or in 18
writing. 19
(3) For giving the advice, the integrity commissioner-- 20
(a) must have regard to the following-- 21
(i) codes of conduct approved under the Public Sector 22
Ethics Act 1994, section 17; 23
(ii) ethical standards or codes of conduct adopted by 24
the Legislative Assembly by resolution; 25
(iii) ethical standards or codes of conduct approved by 26
the Premier for Ministers; and 27
(b) may have regard to other ethical standards the integrity 28
commissioner considers appropriate. 29
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Integrity Bill 2009
Chapter 3 Advice on ethics or integrity issues
Part 4 Confidentiality and protection
[s 24]
(4) However, subsection (1) does not apply if the integrity 1
commissioner-- 2
(a) reasonably believes-- 3
(i) the integrity commissioner does not have enough 4
information in relation to the interests issues to 5
give the advice; or 6
(ii) the advice is asked for in circumstances where the 7
giving of the advice would not be in keeping with 8
the purpose of this Act; and 9
(b) gives the member written reasons for refusing to give 10
the advice. 11
Part 4 Confidentiality and protection 12
Division 1 Secrecy 13
24 Secrecy 14
(1) A person must not record, use or disclose information in 15
relation to an ethics or integrity issue about another person 16
that came to the person's knowledge because of the person's 17
involvement in the administration of this chapter. 18
Maximum penalty--85 penalty units or 1 year's 19
imprisonment. 20
(2) Subsection (1) does not apply to a person's recording, use or 21
disclosure of information if the recording, use or disclosure 22
is-- 23
(a) in the performance of his or her functions under this 24
chapter; or 25
(b) authorised under this or another Act. 26
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Integrity Bill 2009
Chapter 3 Advice on ethics or integrity issues
Part 4 Confidentiality and protection
[s 25]
(3) A person who is or has been involved in the administration of 1
this chapter is not, in any proceeding, compellable to disclose 2
information in relation to an ethics or integrity issue about 3
another person that came to the person's knowledge because 4
of the person's involvement in the administration of this 5
chapter. 6
Division 2 Authorised disclosures--ethics or 7
integrity issue 8
25 Definitions for division 9
In this division-- 10
designated person to whom a relevant document relates 11
means the designated person involved in an ethics or integrity 12
issue and to whom the relevant document relates. 13
relevant document, for an ethics or integrity issue, means 14
each of the following documents-- 15
(a) the request under section 15 for advice on the ethics or 16
integrity issue and any authority under section 15(3); 17
(b) any information given to the integrity commissioner 18
under section 15(4); 19
(c) any further information requested by the integrity 20
commissioner under section 15(5) and given to the 21
integrity commissioner; 22
(d) any written advice given by the integrity commissioner 23
on the ethics or integrity issue; 24
(e) any written reasons of the integrity commissioner for 25
refusing to give the advice. 26
26 Disclosure 27
(1) This section applies if a designated person makes a request 28
under section 15 for advice on an ethics or integrity issue. 29
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Integrity Bill 2009
Chapter 3 Advice on ethics or integrity issues
Part 4 Confidentiality and protection
[s 27]
(2) A relevant document for the ethics or integrity issue may be 1
disclosed under this division. 2
(3) To remove any doubt, it is declared that the integrity 3
commissioner must not disclose a relevant document relating 4
to a person who has been, but is not presently, a designated 5
person, other than under section 28. 6
27 Disclosure by designated person to whom a relevant 7
document relates 8
A person who is or has been a designated person to whom a 9
relevant document relates may disclose the document. 10
28 Disclosure to designated person to whom a relevant 11
document relates 12
The integrity commissioner may disclose a relevant document 13
to the person who is or has been the designated person to 14
whom the relevant document relates. 15
29 Disclosure to Premier 16
(1) The integrity commissioner must give to the Premier a copy 17
of a relevant document relating to a particular designated 18
person, other than a non-government member, a senior 19
executive, senior officer or senior officer equivalent, if-- 20
(a) the Premier asks for a copy of the document; or 21
(b) the integrity commissioner reasonably believes the 22
designated person has an actual and significant conflict 23
of interest. 24
(2) The integrity commissioner may give a copy of a relevant 25
document to the Premier under subsection (1)(b) only if-- 26
(a) the integrity commissioner gives the designated person 27
written advice that the integrity commissioner has the 28
belief mentioned in subsection (1)(b) and is required to 29
give a copy of the document to the Premier; and 30
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Integrity Bill 2009
Chapter 3 Advice on ethics or integrity issues
Part 4 Confidentiality and protection
[s 30]
(b) the designated person fails to resolve the issue to the 1
integrity commissioner's satisfaction within 5 business 2
days after being given the advice. 3
30 Disclosure to Minister 4
The integrity commissioner must give to a Minister a copy of 5
a relevant document relating to a particular designated person, 6
other than a senior executive, senior officer or senior officer 7
equivalent, if-- 8
(a) the Minister asks for a copy of the document; and 9
(b) the person is a person about whom the Minister may 10
request advice under section 17. 11
31 Disclosure to Parliamentary Secretary 12
The integrity commissioner must give to a Parliamentary 13
Secretary a copy of a relevant document relating to a 14
particular designated person, other than a senior executive, 15
senior officer or senior officer equivalent, if-- 16
(a) the Parliamentary Secretary asks for a copy of the 17
document; and 18
(b) the person is a person about whom the Parliamentary 19
Secretary may request advice under section 18. 20
32 Disclosure to Leader of the Opposition 21
(1) The integrity commissioner must give to the Leader of the 22
Opposition a copy of a relevant document relating to a 23
non-government member who is a member of the political 24
party to which the Leader of the Opposition belongs, if-- 25
(a) the Leader of the Opposition asks for a copy of the 26
document; or 27
(b) the integrity commissioner reasonably believes the 28
person has an actual and significant conflict of interest. 29
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Integrity Bill 2009
Chapter 3 Advice on ethics or integrity issues
Part 4 Confidentiality and protection
[s 33]
(2) The integrity commissioner may give a copy of a relevant 1
document to the Leader of the Opposition under subsection 2
(1)(b) only if-- 3
(a) the integrity commissioner gives the designated person 4
written advice that the integrity commissioner has the 5
belief mentioned in subsection (1)(b) and is required to 6
give a copy of the document to the Leader of the 7
Opposition; and 8
(b) the designated person fails to resolve the issue to the 9
integrity commissioner's satisfaction within 5 business 10
days after being given the advice. 11
33 Disclosure to chief executive officer 12
(1) The integrity commissioner must give to the chief executive 13
of a department or public service office a copy of a relevant 14
document relating to a particular designated person if-- 15
(a) the designated person is a person about whom the chief 16
executive may request advice under section 20(1); and 17
(b) the chief executive asks for a copy of the document. 18
(2) The integrity commissioner must give to the chief executive 19
of a government entity who is nominated by the Minister 20
under section 12(1)(e) a copy of a relevant document relating 21
to a particular designated person if-- 22
(a) the designated person is a person about whom the chief 23
executive may request advice under section 20(2); and 24
(b) the chief executive asks for a copy of the document. 25
Division 3 Authorised disclosures--interests 26
issues 27
34 Definitions for division 28
In this division-- 29
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Integrity Bill 2009
Chapter 3 Advice on ethics or integrity issues
Part 4 Confidentiality and protection
[s 35]
member to whom a relevant document relates means the 1
member involved in interests issues and to whom the relevant 2
document relates. 3
relevant document, for interests issues, means each of the 4
following documents-- 5
(a) the request under section 22 for a meeting with the 6
integrity commissioner on the interests issues; 7
(b) any information given to the integrity commissioner 8
under section 22(2); 9
(c) any further information requested by the integrity 10
commissioner under section 22(3) and given to the 11
integrity commissioner; 12
(d) any written advice given by the integrity commissioner 13
on the interests issues; 14
(e) any written reasons of the integrity commissioner for 15
refusing to give the advice. 16
35 Disclosure 17
(1) This section applies in relation to interests issues of a member 18
of the Legislative Assembly. 19
(2) A relevant document for interests issues may be disclosed 20
under this division. 21
36 Disclosure by member to whom a relevant document 22
relates 23
A person who is or has been the member of the Legislative 24
Assembly to whom a relevant document relates may disclose 25
the document. 26
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Integrity Bill 2009
Chapter 3 Advice on ethics or integrity issues
Part 4 Confidentiality and protection
[s 37]
37 Disclosure to member to whom a relevant document 1
relates 2
The integrity commissioner may disclose a relevant document 3
to the person who is or has been the member to whom the 4
relevant document relates. 5
38 Disclosure to Premier 6
(1) The integrity commissioner must give to the Premier a copy 7
of a relevant document relating to a particular member of the 8
Legislative Assembly, other than a non-government member, 9
if-- 10
(a) the Premier asks for a copy of the document; or 11
(b) the integrity commissioner reasonably believes the 12
member has an actual and significant interests issue. 13
(2) The integrity commissioner may give a copy of a relevant 14
document to the Premier under subsection (1)(b) only if-- 15
(a) the integrity commissioner gives the member of the 16
Legislative Assembly written advice that the integrity 17
commissioner has the belief mentioned in subsection 18
(1)(b) and is required to give a copy of the document to 19
the Premier; and 20
(b) the member fails to resolve the interests issue to the 21
integrity commissioner's satisfaction within 5 business 22
days after being given the advice. 23
39 Disclosure to Leader of the Opposition 24
(1) The integrity commissioner must give to the Leader of the 25
Opposition a copy of a relevant document relating to a 26
non-government member who is a member of the political 27
party to which the Leader of the Opposition belongs, if-- 28
(a) the Leader of the Opposition asks for a copy of the 29
document; or 30
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Integrity Bill 2009
Chapter 3 Advice on ethics or integrity issues
Part 4 Confidentiality and protection
[s 40]
(b) the integrity commissioner reasonably believes the 1
member has an actual and significant interests issue. 2
(2) The integrity commissioner may give a copy of a relevant 3
document to the Leader of the Opposition under subsection 4
(1)(b) only if-- 5
(a) the integrity commissioner gives the member written 6
advice that the integrity commissioner has the belief 7
mentioned in subsection (1)(b) and is required to give a 8
copy of the document to the Leader of the Opposition; 9
and 10
(b) the member fails to resolve the interests issue to the 11
integrity commissioner's satisfaction within 5 business 12
days after being given the advice. 13
Division 4 Protection 14
40 Limited protection for acting on conflict of interest advice 15
(1) This section applies if a designated person-- 16
(a) asks under section 15 for the integrity commissioner's 17
advice on a conflict of interest issue involving the 18
designated person; and 19
(b) discloses all relevant information in relation to the issue 20
to the integrity commissioner when seeking the advice; 21
and 22
(c) does an act to resolve the conflict substantially in 23
accordance with the integrity commissioner's advice on 24
the issue. 25
(2) The designated person is not liable in a civil proceeding or 26
under an administrative process for the act taken by the person 27
to resolve the conflict. 28
(3) To remove any doubt, it is declared that subsection (2) does 29
not affect the designated person's liability for an act or 30
omission done or made in connection with the conflict of 31
Page 24
Integrity Bill 2009
Chapter 4 Regulation of lobbying activities
Part 1 Core concepts
[s 41]
interest issue before the person receives the integrity 1
commissioner's advice. 2
Chapter 4 Regulation of lobbying 3
activities 4
Part 1 Core concepts 5
41 Meaning of lobbyist and related concepts 6
(1) A lobbyist is an entity that carries out a lobbying activity for a 7
third party client or whose employees or contractors carry out 8
a lobbying activity for a third party client. 9
(2) However, none of the following entities is a lobbyist-- 10
(a) a non-profit entity; 11
(b) an entity constituted to represent the interests of its 12
members; 13
Examples-- 14
· an employer group 15
· a trade union 16
· a professional body, for example, the Queensland Law 17
Society 18
(c) members of trade delegations visiting Queensland; 19
(d) an entity carrying out incidental lobbying activities; 20
(e) an entity carrying out a lobbying activity only for the 21
purpose of representing the entity's own interests. 22
(3) Also-- 23
(a) an employee or contractor of, or person otherwise 24
engaged by, an entity mentioned in subsection (2)(a) to 25
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Integrity Bill 2009
Chapter 4 Regulation of lobbying activities
Part 1 Core concepts
[s 42]
(d) is not a lobbyist in relation to contact carried out for 1
the entity; and 2
(b) an employee of an entity mentioned in subsection (2)(e) 3
is not a lobbyist in relation to contact carried out for the 4
entity. 5
(4) A non-profit entity is an entity that is not carried on for the 6
profit or gain of its individual members. 7
Examples of entities that may be non-profit entities-- 8
a charity, church, club or environmental protection society 9
(5) An entity carries out incidental lobbying activities if the 10
entity undertakes, or carries on a business primarily intended 11
to allow individuals to undertake, a technical or professional 12
occupation in which lobbying activities are occasional only 13
and incidental to the provision of professional or technical 14
services. 15
Examples-- 16
· an architect or architectural practice 17
· an engineer or engineering practice 18
· a lawyer or legal practice 19
· an accountant or accountancy practice 20
42 Meaning of lobbying activity and contact 21
(1) Lobbying activity is contact with a government representative 22
in an effort to influence State or local government 23
decision-making, including-- 24
(a) the making or amendment of legislation; and 25
(b) the development or amendment of a government policy 26
or program; and 27
(c) the awarding of a government contract or grant; and 28
(d) the allocation of funding; and 29
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Integrity Bill 2009
Chapter 4 Regulation of lobbying activities
Part 1 Core concepts
[s 43]
(e) the making of a decision about planning or giving of a 1
development approval under the Sustainable Planning 2
Act 2009. 3
(2) However, the following contact is not a lobbying activity-- 4
(a) contact with a committee of the Legislative Assembly or 5
a local government; 6
(b) contact with a member of the Legislative Assembly, or a 7
councillor, in his or her capacity as a local representative 8
on a constituency matter; 9
(c) contact in response to a call for submissions; 10
(d) petitions or contact of a grassroots campaign nature in 11
an attempt to influence a government policy or decision; 12
(e) contact in response to a request for tender; 13
(f) statements made in a public forum; 14
(g) responses to requests by government representatives for 15
information; 16
(h) incidental meetings beyond the control of a government 17
representative; 18
Example-- 19
A Minister speaks at a conference and has an unscheduled 20
discussion with a lobbyist who is a conference participant. 21
(i) contact on non-business issues, for example, issues not 22
relating to a client of the lobbyist or the lobbyists' 23
sector. 24
(3) Contact includes telephone contact, email contact, written 25
mail contact and face-to-face meetings. 26
43 Meaning of lobbyists register and lobbyists code of 27
conduct 28
(1) The lobbyists register is the register, kept under section 49, of 29
lobbyists registered under this Act. 30
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Integrity Bill 2009
Chapter 4 Regulation of lobbying activities
Part 1 Core concepts
[s 44]
(2) The lobbyists code of conduct is the code, approved under 1
section 68, of conduct for lobbyists in relation to lobbying 2
activities. 3
44 Meaning of government representative 4
Each of the following people is a government 5
representative-- 6
(a) the Premier or another Minister; 7
(b) a councillor; 8
(c) a public sector officer; 9
(d) a ministerial staff member; 10
(e) a parliamentary secretary staff member. 11
45 Meaning of former senior government representative 12
A person is a former senior government representative if the 13
person-- 14
(a) was 1 of the following people-- 15
(i) the Premier or another Minister; 16
(ii) a Parliamentary Secretary; 17
(iii) a councillor; 18
(iv) a public sector officer, who is a chief executive, 19
senior executive or senior executive equivalent; 20
(v) a ministerial staff member; 21
(vi) a parliamentary secretary staff member; and 22
(b) is no longer a government representative. 23
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Integrity Bill 2009
Chapter 4 Regulation of lobbying activities
Part 2 Registration of lobbyists
[s 46]
46 Meaning of councillor 1
A councillor is a councillor, of a local government, including 2
the mayor, within the meaning of the Local Government Act 3
2009. 4
47 Meaning of public sector officer 5
A public sector officer is the chief executive of, or a person 6
employed by, 1 of the following entities-- 7
(a) a department; 8
(b) a public service office; 9
(c) a registry or other administrative office of a court or 10
tribunal; 11
(d) a local government; 12
(e) a corporate entity under the Local Government Act 13
2009; 14
(f) the parliamentary service; 15
(g) a government owned corporation; 16
(h) an entity, prescribed by regulation, that is assisted by 17
public funds. 18
Part 2 Registration of lobbyists 19
Division 1 Interpretation 20
48 Definitions for part 21
In this part-- 22
listed person see section 49. 23
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Integrity Bill 2009
Chapter 4 Regulation of lobbying activities
Part 2 Registration of lobbyists
[s 49]
proposed listed person see section 53. 1
registrant means an entity registered as a lobbyist in the 2
lobbyists register. 3
Division 2 Register 4
49 Register 5
(1) The integrity commissioner must keep a register of registered 6
lobbyists. 7
(2) The lobbyists register must be published on the integrity 8
commissioner's internet website. 9
(3) The lobbyists register must contain the following particulars 10
for each registered lobbyist-- 11
(a) the lobbyist's name and business registration particulars; 12
(b) for each person (listed person) employed, contracted or 13
otherwise engaged by the lobbyist to carry out a 14
lobbying activity-- 15
(i) the person's name and role; and 16
(ii) if the person is a former senior government 17
representative, the date the person became a former 18
senior government representative; 19
(c) the name of each current client of the lobbyist; 20
(d) the name of each client for which the lobbyist has 21
carried out a lobbying activity within the 12 month 22
period before the lobbyist most recently gave the 23
integrity commissioner the particulars under section 53 24
or this division; 25
(e) other particulars prescribed under a regulation. 26
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Integrity Bill 2009
Chapter 4 Regulation of lobbying activities
Part 2 Registration of lobbyists
[s 50]
50 Timely updating of particulars 1
(1) If a particular provided for an application under section 53 2
changes, the registrant must give the integrity commissioner 3
written notice of the change as soon as practicable and before 4
the end of 10 business days after the registrant becomes aware 5
of the change. 6
(2) As soon as practicable after being given notice of a change, 7
the integrity commissioner must update the lobbyists register 8
(if appropriate). 9
51 Updating of particulars contained in application 10
By 31 July each year, the registrant must give the integrity 11
commissioner-- 12
(a) confirmation that the particulars previously provided to 13
the integrity commissioner in relation to the registration 14
remain correct; and 15
(b) if a statutory declaration by a person was required for 16
the registrant's application for registration, a new 17
statutory declaration by the person. 18
Example-- 19
A registrant becomes registered in February 2010. By 31 July 2010 and 20
each following year, the registrant must comply with this section. 21
Division 3 Registration 22
52 Definitions for division 23
In this division-- 24
accepted representations see section 58. 25
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Integrity Bill 2009
Chapter 4 Regulation of lobbying activities
Part 2 Registration of lobbyists
[s 53]
show cause notice see section 57. 1
show cause period see section 57. 2
53 Application for registration 3
(1) Any entity may apply for registration as a lobbyist. 4
(2) An application must-- 5
(a) be made to the integrity commissioner; and 6
(b) be in the approved form. 7
(3) The approved form may require the disclosure of any relevant 8
criminal history of the applicant and each person (proposed 9
listed person) employed, contracted or otherwise engaged by 10
the applicant to carry out a lobbying activity. 11
(4) If the approved form requires the disclosure of a person's 12
relevant criminal history, the Criminal Law (Rehabilitation of 13
Offenders) Act 1986 applies to the disclosure. 14
(5) Information in the application must, if the approved form 15
requires, be verified by a statutory declaration. 16
(6) In this section-- 17
dishonesty offence means an offence involving fraud or 18
dishonesty. 19
relevant criminal history, for a person, means-- 20
(a) any offence for which the person has been sentenced to 21
a term of imprisonment of 30 months or more; or 22
(b) any dishonesty offence for which the person has, as an 23
adult, had a conviction in the previous 10 years. 24
54 Integrity commissioner's powers before deciding 25
application 26
(1) Before deciding the application, the integrity commissioner 27
may, by notice given to the applicant, require the applicant to 28
give the integrity commissioner, within a reasonable time of at 29
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Integrity Bill 2009
Chapter 4 Regulation of lobbying activities
Part 2 Registration of lobbyists
[s 55]
least 5 business days stated in the notice, further information 1
or a document the integrity commissioner reasonably requires 2
to decide the application. 3
(2) The integrity commissioner may require the information or 4
document to be verified by a statutory declaration. 5
(3) The applicant is taken to have withdrawn the application if, 6
within the stated time, the applicant does not comply with a 7
requirement made under this section. 8
55 Grounds for refusing registration 9
An entity's application for registration may be refused on any 10
of the following grounds-- 11
(a) the application includes a materially false or misleading 12
representation or declaration; 13
(b) the entity or a proposed listed person has previously 14
failed to comply with obligations under the lobbyists 15
code of conduct or a requirement under this chapter; 16
(c) another ground the integrity commissioner considers 17
sufficient. 18
Examples-- 19
1 The integrity commissioner may consider it sufficient that, 20
in Queensland or elsewhere, the entity or a proposed listed 21
person has acted in a way the integrity commissioner 22
considers is inconsistent with general standards of ethical 23
behaviour. 24
2 If the entity or a proposed listed person has been removed 25
from a register of lobbyists of the Commonwealth or 26
another State, the integrity commissioner may, in deciding 27
whether there is a ground the integrity commissioner 28
considers sufficient, have regard to the facts and 29
circumstances which resulted in the removal. 30
56 Decision 31
(1) The integrity commissioner must consider the application as 32
soon as practicable and decide to-- 33
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Integrity Bill 2009
Chapter 4 Regulation of lobbying activities
Part 2 Registration of lobbyists
[s 57]
(a) register the applicant as a lobbyist; or 1
(b) ask the applicant to show cause why the application 2
should not be refused. 3
(2) If the integrity commissioner makes a decision mentioned in 4
subsection (1)(a), the integrity commissioner must as soon as 5
practicable-- 6
(a) enter the lobbyist's particulars in the lobbyists register; 7
and 8
(b) advise the lobbyist. 9
(3) If the integrity commissioner makes a decision mentioned in 10
subsection (1)(b), the integrity commissioner must as soon as 11
practicable give the applicant a notice under section 57. 12
57 Show cause notice 13
(1) The integrity commissioner must, before refusing to register 14
an applicant, give the applicant a notice (a show cause 15
notice). 16
(2) The show cause notice must-- 17
(a) state the integrity commissioner proposes to refuse the 18
registration; and 19
(b) state the ground for the proposed refusal; and 20
(c) outline the facts and circumstances forming the basis for 21
the ground; and 22
(d) invite the applicant to show within a stated period (the 23
show cause period) why the registration should not be 24
refused. 25
(3) The show cause period must be a period ending not less than 5 26
business days after the show cause notice is given to the 27
applicant. 28
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Integrity Bill 2009
Chapter 4 Regulation of lobbying activities
Part 2 Registration of lobbyists
[s 58]
58 Representations about show cause notice 1
(1) The applicant may make written representations about the 2
show cause notice to the integrity commissioner during the 3
show cause period. 4
(2) The integrity commissioner must consider all written 5
representations (the accepted representations) made under 6
subsection (1). 7
59 Registration 8
If, after considering the accepted representations for the show 9
cause notice, the integrity commissioner no longer believes 10
the ground exists to refuse the registration, the integrity 11
commissioner must make a decision under section 56(1)(a). 12
60 Refusal to register 13
(1) This section applies if, after considering the accepted 14
representations for the show cause notice, the integrity 15
commissioner-- 16
(a) still believes the ground exists to refuse the registration; 17
and 18
(b) believes refusal of the registration is warranted. 19
(2) This section also applies if there are no accepted 20
representations for the show cause notice. 21
(3) The integrity commissioner may decide to refuse the 22
registration. 23
(4) If the integrity commissioner decides to refuse the 24
registration, the integrity commissioner must as soon as 25
practicable give the applicant notice of the decision. 26
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Integrity Bill 2009
Chapter 4 Regulation of lobbying activities
Part 2 Registration of lobbyists
[s 61]
Division 4 Cancellation of registration 1
61 Definitions for division 2
In this division-- 3
accepted representations see section 64. 4
show cause notice see section 63. 5
show cause period see section 63. 6
62 Grounds for cancellation 7
A registrant's registration may be cancelled on any of the 8
following grounds-- 9
(a) the registrant was registered because of a materially 10
false or misleading representation or declaration; 11
(b) the registrant or a listed person for the registrant has 12
failed to comply with obligations under the lobbyists 13
code of conduct or a requirement under this chapter; 14
(c) another ground the integrity commissioner considers 15
sufficient. 16
Examples-- 17
1 The integrity commissioner may consider it sufficient that, 18
in Queensland or elsewhere, the registrant or a listed person 19
has acted in a way the integrity commissioner considers is 20
inconsistent with general standards of ethical behaviour. 21
2 If the registrant or a listed person has been removed from a 22
register of lobbyists of the Commonwealth or another State, 23
the integrity commissioner may, in deciding whether there 24
is a ground the integrity commissioner considers sufficient, 25
have regard to the facts and circumstances which resulted in 26
the removal. 27
63 Show cause notice 28
(1) If the integrity commissioner believes a ground exists to 29
cancel a registration, the integrity commissioner must, before 30
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Chapter 4 Regulation of lobbying activities
Part 2 Registration of lobbyists
[s 64]
taking action to cancel the registration, give the registrant a 1
notice (a show cause notice). 2
(2) The show cause notice must-- 3
(a) state the integrity commissioner proposes to cancel the 4
registration; and 5
(b) state the ground for the proposed cancellation; and 6
(c) outline the facts and circumstances forming the basis for 7
the ground; and 8
(d) invite the registrant to show within a stated period (the 9
show cause period) why the registration should not be 10
cancelled. 11
(3) The show cause period must be a period ending not less than 5 12
business days after the show cause notice is given to the 13
registrant. 14
64 Representations about show cause notice 15
(1) The registrant may make written representations about the 16
show cause notice to the integrity commissioner during the 17
show cause period. 18
(2) The integrity commissioner must consider all written 19
representations (the accepted representations) made under 20
subsection (1). 21
65 No cancellation 22
(1) This section applies if, after considering the accepted 23
representations for the show cause notice, the integrity 24
commissioner no longer believes the ground exists to cancel 25
the registration. 26
(2) The integrity commissioner must not take any further action 27
about the show cause notice. 28
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Integrity Bill 2009
Chapter 4 Regulation of lobbying activities
Part 3 Limitations on lobbying activities
[s 66]
(3) The integrity commissioner must also as soon as practicable 1
after coming to the belief give notice to the registrant that no 2
further action is to be taken about the show cause notice. 3
66 Cancellation 4
(1) This section applies if, after considering the accepted 5
representations for the show cause notice, the integrity 6
commissioner-- 7
(a) still believes the ground exists to cancel the registration; 8
and 9
(b) believes cancellation of the registration is warranted. 10
(2) This section also applies if there are no accepted 11
representations for the show cause notice. 12
(3) The integrity commissioner may decide to cancel the 13
registration. 14
(4) If the integrity commissioner decides to cancel the 15
registration-- 16
(a) the decision takes effect when the registrant's particulars 17
are removed from the lobbyists register; and 18
(b) the integrity commissioner must as soon as practicable 19
give the registrant notice of the decision. 20
Part 3 Limitations on lobbying 21
activities 22
67 Definition for part 23
In this part-- 24
listed person see section 49. 25
lobbyist includes a listed person for the lobbyist. 26
Page 38
Integrity Bill 2009
Chapter 4 Regulation of lobbying activities
Part 3 Limitations on lobbying activities
[s 68]
68 Lobbyists code of conduct 1
(1) The integrity commissioner may, after consultation with the 2
parliamentary committee, approve a lobbyists code of 3
conduct. 4
(2) The lobbyists code of conduct must be published on the 5
integrity commissioner's internet website. 6
(3) The purpose of the lobbyists code of conduct is to provide 7
standards of conduct for lobbyists designed to ensure that 8
contact between lobbyists and government representatives is 9
carried out in accordance with public expectations of 10
transparency and integrity. 11
(4) Lobbyists must comply with the lobbyists code of conduct. 12
69 Success fee prohibited 13
(1) An entity, other than a lobbyist, that has engaged a lobbyist 14
(the relevant lobbyist) to undertake a lobbying activity must 15
not give, or agree to give, to the relevant lobbyist or a related 16
person for the relevant lobbyist a success fee in relation to the 17
lobbying activity carried out by or for the relevant lobbyist. 18
Maximum penalty--200 penalty units. 19
(2) A lobbyist or a related person for the lobbyist must not 20
receive, or agree that the lobbyist or the related person 21
receive, a success fee in relation to a lobbying activity carried 22
out by or for the lobbyist. 23
Maximum penalty--200 penalty units. 24
(3) On a conviction under this section for giving or receiving a 25
success fee, the success fee is forfeited to the State. 26
(4) Anything forfeited to the State by a person under subsection 27
(3) must be returned to the person if the conviction mentioned 28
in that subsection is quashed. 29
(5) In this section-- 30
Page 39
Integrity Bill 2009
Chapter 4 Regulation of lobbying activities
Part 3 Limitations on lobbying activities
[s 70]
conviction includes a finding of guilt, and the acceptance of a 1
plea of guilty, by a court, whether or not a conviction is 2
recorded. 3
success fee, in relation to a lobbying activity, means an 4
amount of money or other reward the giving or receiving of all 5
or part of which is contingent on the outcome of the lobbying 6
activity or of lobbying activities including the lobbying 7
activity. 8
70 Related lobbying by former senior government 9
representative prohibited 10
(1) For 2 years after becoming a former senior government 11
representative, the former senior government representative 12
must not carry out a related lobbying activity for a third party 13
client. 14
(2) A government representative must not knowingly permit a 15
former senior government representative of less than 2 years 16
standing to carry out with the government representative a 17
related lobbying activity for a third party client. 18
(3) In this section-- 19
related lobbying activity, for a former senior government 20
representative, means a lobbying activity relating to the 21
former senior government representative's official dealings as 22
a government representative in the 2 years before becoming a 23
former senior government representative. 24
71 Lobbying by unregistered entity prohibited 25
(1) An entity that is not a registered lobbyist must not carry out a 26
lobbying activity for a third party client. 27
(2) A government representative must not knowingly permit an 28
entity that is not a registered lobbyist to carry out a lobbying 29
activity for a third party client with the government 30
representative. 31
Page 40
Integrity Bill 2009
Chapter 5 Administrative provisions for integrity commissioner
[s 72]
72 Act not to require contact or limit particular contact 1
Nothing in this Act-- 2
(a) requires a government representative to have contact 3
with a particular lobbyist or lobbyists in general; or 4
(b) limits a person's contact with a government 5
representative if the law requires a government 6
representative to take account of the views advanced by 7
the person and the person is a lobbyist. 8
Chapter 5 Administrative provisions 9
for integrity commissioner 10
73 Appointment 11
(1) The integrity commissioner is to be appointed by the 12
Governor in Council. 13
(2) The integrity commissioner is to be appointed under this Act, 14
and not under the Public Service Act 2008. 15
74 Procedure before appointment 16
(1) A person may be appointed as integrity commissioner only 17
if-- 18
(a) the Minister has placed press advertisements nationally 19
calling for applications from suitably qualified persons 20
to be considered for appointment; and 21
(b) the Minister has consulted with the parliamentary 22
committee about-- 23
(i) the process of selection for appointment; and 24
(ii) the appointment of the person as integrity 25
commissioner. 26
Page 41
Integrity Bill 2009
Chapter 5 Administrative provisions for integrity commissioner
[s 75]
(2) A person is suitably qualified for appointment as the integrity 1
commissioner if the person has knowledge, experience, 2
personal qualities and standing within the community suitable 3
to the office. 4
(3) Subsection (1)(a) and (b)(i) does not apply to the 5
reappointment of a person as integrity commissioner. 6
75 Term of appointment 7
(1) Subject to sections 78 and 82, the integrity commissioner 8
holds office for the term, not longer than 5 years, stated in the 9
instrument of appointment. 10
(2) However, a person being reappointed as integrity 11
commissioner can not be reappointed for a term that would 12
result in the person holding office as integrity commissioner 13
for more than 10 years continuously. 14
76 Remuneration and conditions 15
(1) The integrity commissioner is to be paid the remuneration and 16
allowances decided by the Governor in Council. 17
(2) The remuneration paid to the integrity commissioner must not 18
be reduced during the commissioner's term of office without 19
the integrity commissioner's written consent. 20
(3) In relation to matters not provided for by this Act, the 21
integrity commissioner holds office on the terms and 22
conditions decided by the Governor in Council. 23
77 Leave of absence 24
The Minister may grant leave of absence to the integrity 25
commissioner on the terms the Minister considers 26
appropriate. 27
Page 42
Integrity Bill 2009
Chapter 5 Administrative provisions for integrity commissioner
[s 78]
78 Resignation 1
(1) The integrity commissioner may resign by signed notice given 2
to the Minister. 3
(2) As soon as practicable after the notice is given to the Minister, 4
the Minister must-- 5
(a) give the notice to the Governor for information; and 6
(b) give a copy of the notice to-- 7
(i) the Speaker; and 8
(ii) the chairperson of the parliamentary committee. 9
(3) Failure to comply with subsection (2) does not affect the 10
effectiveness of the resignation. 11
79 Oath before performing duties 12
(1) Before performing the duties of office, the integrity 13
commissioner must make an oath or affirmation to the effect 14
that he or she will faithfully and impartially perform the duties 15
of the office. 16
(2) The oath must be administered by the Speaker. 17
80 Declaration of interests 18
(1) This section applies to the integrity commissioner on 19
appointment. 20
Note-- 21
Appointment includes reappointment. See the Acts Interpretation Act 22
1954, section 36, definition appoint. 23
(2) The integrity commissioner must, within 1 month, give the 24
Minister and parliamentary committee a statement about his 25
or her interests. 26
Note-- 27
See section 10(2) for the meaning of a reference to an interest. 28
(3) The statement must include the information required under 29
the Public Service Act 2008, section 101(3). 30
Page 43
Integrity Bill 2009
Chapter 5 Administrative provisions for integrity commissioner
[s 81]
(4) Subsections (5) and (6) apply if-- 1
(a) a change to the integrity commissioner's interests 2
happens after the giving of the statement; and 3
(b) the change is of a type prescribed under the Public 4
Service Act 2008, section 101(4)(b). 5
(5) The integrity commissioner must give the Minister and the 6
parliamentary committee a revised version of the statement. 7
(6) The revised version must-- 8
(a) be given as soon as possible after the relevant facts 9
about the change come to the integrity commissioner's 10
knowledge; and 11
(b) comply with subsection (3). 12
81 Conflicts of interest 13
(1) If the integrity commissioner has an interest that conflicts or 14
may conflict with the discharge of the integrity 15
commissioner's responsibilities, the integrity commissioner-- 16
(a) must disclose the nature of the interest and conflict to 17
the Minister and parliamentary committee as soon as 18
practicable after the relevant facts come to the integrity 19
commissioner's knowledge; and 20
(b) must not take action or further action concerning a 21
matter that is, or may be, affected by the conflict unless 22
authorised by the Minister. 23
Note-- 24
See section 10(2) for the meaning of a reference to an interest. 25
(2) The Minister may direct the integrity commissioner to resolve 26
a conflict or possible conflict between an interest of the 27
integrity commissioner and the integrity commissioner's 28
responsibilities. 29
Page 44
Integrity Bill 2009
Chapter 5 Administrative provisions for integrity commissioner
[s 82]
82 Removal from office 1
(1) The following are grounds for removal of the integrity 2
commissioner from office-- 3
(a) proved incapacity, incompetence or misconduct; 4
(b) conviction of an indictable offence. 5
(2) The Governor may, on an address from the Legislative 6
Assembly, remove the integrity commissioner from office. 7
(3) The motion for the address may be moved only by the 8
Minister. 9
(4) The Minister may move the motion only if-- 10
(a) the Minister has given the integrity commissioner a 11
statement setting out the reasons for the motion; and 12
(b) the statement and any written response by the integrity 13
commissioner have been tabled in the Legislative 14
Assembly; and 15
(c) the Minister has consulted with the parliamentary 16
committee about the motion; and 17
(d) agreement to the motion has been obtained from-- 18
(i) all members of the parliamentary committee; or 19
(ii) a majority of members of the parliamentary 20
committee, other than a majority consisting 21
entirely of members of the political party or parties 22
in government in the Legislative Assembly. 23
83 Delegation of powers 24
(1) The integrity commissioner may delegate the integrity 25
commissioner's functions under chapter 4 to an appropriately 26
qualified public service officer. 27
(2) In this section-- 28
appropriately qualified, for a public service officer to whom a 29
function may be delegated, includes having the qualifications, 30
experience or standing appropriate for the function. 31
Page 45
Integrity Bill 2009
Chapter 5 Administrative provisions for integrity commissioner
[s 84]
Example of standing for a public service officer-- 1
the officer's classification or level in a department or agency 2
functions includes powers. 3
84 Acting integrity commissioner 4
(1) The Governor in Council may appoint a person to act as 5
integrity commissioner-- 6
(a) during a vacancy in the office; or 7
(b) during any period, or during all periods, when the 8
integrity commissioner is absent from duty or from the 9
State or, for another reason, can not perform the duties 10
of the office. 11
(2) To remove any doubt, it is declared that the Governor in 12
Council may appoint a former integrity commissioner to act 13
as integrity commissioner under subsection (1). 14
85 Annual reports of integrity commissioner 15
(1) The integrity commissioner must, as soon as practicable after 16
the end of each financial year, give the Speaker and the 17
parliamentary committee a written report about the 18
performance of the commissioner's functions for the financial 19
year. 20
(2) The report must include, in relation to the financial year to 21
which it relates-- 22
(a) details of compliance by chief executives of departments 23
with requirements to give the integrity commissioner 24
statements and written advice under the Public Service 25
Act 2008, section 101; and 26
(b) details of the other matters prescribed under a 27
regulation. 28
(3) The report must not disclose information likely to identify a 29
specific request for the integrity commissioner's advice on an 30
ethics or integrity issue, including information likely to 31
identify an individual-- 32
Page 46
Integrity Bill 2009
Chapter 6 Strategic reviews of integrity commissioner's functions
[s 86]
(a) who requested the integrity commissioner's advice; or 1
(b) about whom the integrity commissioner's advice was 2
requested. 3
(4) However, the report may identify a chief executive who has 4
not complied with the Public Service Act 2008, section 101. 5
(5) The Speaker must cause the report to be tabled in the 6
Legislative Assembly on the next sitting day after it is given 7
to the Speaker. 8
Chapter 6 Strategic reviews of 9
integrity commissioner's 10
functions 11
86 Conduct of reviews 12
(1) Strategic reviews of the integrity commissioner's functions 13
must be conducted under this chapter. 14
(2) The first review under this section must be conducted within 4 15
years after the commencement of this section. 16
(3) Subject to subsection (2), a strategic review must be 17
conducted at least every 5 years, counting from when the 18
Minister makes a response to the parliamentary committee 19
report in the Legislative Assembly for the most recent earlier 20
strategic review, up to when the reviewer is appointed under 21
subsection (4) to conduct the latest strategic review. 22
(4) Each strategic review must be conducted by an appropriately 23
qualified person (reviewer), appointed by the Governor in 24
Council, who must give a report on the review. 25
(5) The terms of reference for a strategic review are to be decided 26
by the Governor in Council. 27
Page 47
Integrity Bill 2009
Chapter 6 Strategic reviews of integrity commissioner's functions
[s 87]
(6) Before a reviewer is appointed to conduct a strategic review, 1
the Minister must consult with the parliamentary committee 2
and the integrity commissioner about-- 3
(a) the appointment of the reviewer; and 4
(b) the terms of reference for the review. 5
(7) The remuneration and other terms of appointment of the 6
reviewer are as decided by the Governor in Council. 7
(8) In this section-- 8
strategic review, of the integrity commissioner's functions, 9
includes a review of the commissioner's performance of the 10
functions to assess whether they are being performed 11
economically, effectively and efficiently. 12
87 Powers of strategic review 13
In conducting a strategic review-- 14
(a) the reviewer has the powers an authorised auditor has 15
under the Auditor-General Act 2009 for an audit of an 16
entity; and 17
(b) that Act and other Acts apply to the reviewer as if the 18
reviewer were an authorised auditor conducting an audit 19
of the entity. 20
88 Report of strategic review 21
(1) The reviewer for a strategic review must give a copy of the 22
proposed report on the strategic review to the Minister and the 23
integrity commissioner. 24
(2) The Minister and the integrity commissioner may, within 15 25
business days after receiving the proposed report, give the 26
reviewer written comments on anything in the proposed 27
report. 28
(3) If the Minister or integrity commissioner comments under 29
subsection (2), the reviewer must-- 30
Page 48
Integrity Bill 2009
Chapter 7 Miscellaneous provisions
[s 89]
(a) if the reviewer and Minister or integrity commissioner 1
can agree about how to dispose of a 2
comment--incorporate into the report any agreed 3
amendment necessary to dispose of the comment; or 4
(b) if the reviewer and Minister or integrity commissioner 5
can not agree about how to dispose of a 6
comment--include the comment, in full, in the report. 7
(4) After complying with subsections (1) and (3), the reviewer 8
must give the report (review report) to the Minister and the 9
integrity commissioner. 10
(5) The review report must be substantially the same as the 11
proposed report given under subsection (1), apart from any 12
changes made under subsection (3). 13
(6) The Minister must table the strategic review report in the 14
Legislative Assembly within 3 sitting days after the Minister 15
receives the report. 16
(7) For the Parliament of Queensland Act 2001, section 84(2), the 17
report is referred to the parliamentary committee. 18
Chapter 7 Miscellaneous provisions 19
89 Functions of parliamentary committee 20
The parliamentary committee has the following functions 21
under this Act-- 22
(a) to monitor and review the performance by the integrity 23
commissioner of the integrity commissioner's functions 24
under this Act; 25
(b) to report to the Legislative Assembly on any matter 26
concerning the integrity commissioner, the integrity 27
commissioner's functions or the performance of the 28
integrity commissioner's functions that the committee 29
Page 49
Integrity Bill 2009
Chapter 7 Miscellaneous provisions
[s 90]
considers should be drawn to the Legislative Assembly's 1
attention; 2
(c) to examine each annual report tabled in the Legislative 3
Assembly under this Act and, if appropriate, to 4
comment on any aspect of the report and to make 5
recommendations; 6
(d) to examine each strategic review report tabled in the 7
Legislative Assembly under this Act and, if appropriate, 8
to comment on any aspect of the report and to make 9
recommendations; 10
(e) to report to the Legislative Assembly any changes to the 11
functions and procedures of the integrity commissioner 12
the committee considers desirable for the more effective 13
operation of this Act; 14
(f) the other functions conferred on the committee by this 15
Act. 16
Note-- 17
The parliamentary committee also has functions under other Acts, for 18
example, the Parliament of Queensland Act 2001, chapter 5, part 4, 19
division 2. 20
90 Approval of forms 21
The integrity commissioner may approve forms for use under 22
this Act. 23
91 Regulation-making power 24
The Governor in Council may make regulations under this 25
Act. 26
Page 50
Integrity Bill 2009
Chapter 8 Transitional provisions
[s 92]
Chapter 8 Transitional provisions 1
92 Outdated references 2
In an Act or document, if the context permits, a reference to 3
the Public Sector Ethics Act 1994 in connection with part 7 of 4
that Act, is taken to be a reference to this Act. 5
93 Continuation of appointment as integrity commissioner 6
The person who, immediately before the commencement of 7
this section, was the integrity commissioner under the Public 8
Sector Ethics Act 1994-- 9
(a) continues as the integrity commissioner under this Act 10
as if the person had been appointed under this Act; and 11
(b) is taken to have satisfied the requirements under section 12
79 concerning the oath or affirmation; and 13
(c) must comply with section 80(2) within 1 month of the 14
commencement of this section. 15
94 Continuation of nomination as designated person 16
A nomination under the Public Sector Ethics Act 1994, 17
section 27(1)(h) or (k) that is in force immediately before the 18
commencement of this section continues as a nomination 19
under section 12(1)(e) or (h), as appropriate, of this Act. 20
95 Requests for advice under Public Sector Ethics Act 1994 21
A request for advice under the Public Sector Ethics Act 1994, 22
part 7, division 5 on which the integrity commissioner has not, 23
immediately before the commencement of this section, given 24
advice may be dealt with by the integrity commissioner as if 25
the request had been made under section 15 of this Act. 26
Page 51
Integrity Bill 2009
Chapter 8 Transitional provisions
[s 96]
96 Previous register of lobbyists 1
(1) A lobbyist registered in the previous register of lobbyists 2
immediately before the commencement of this section is 3
taken to be registered in the lobbyists register. 4
(2) A person listed in the previous register of lobbyists 5
immediately before the commencement of this section as a 6
person or employee who carries out lobbying activities is 7
taken to be a listed person for the lobbyist. 8
(3) Particulars for a lobbyist or person listed in the previous 9
register of lobbyists in force immediately before the 10
commencement of this section are taken to be particulars in 11
the lobbyists register. 12
(4) In this section-- 13
previous register of lobbyists means the register of lobbyists 14
kept in accordance with the document known as the 15
Queensland Contact with Lobbyists Code. 16
97 Noncompliance with Queensland Contact with Lobbyists 17
Code 18
In sections 55 and 62, a reference to failing to comply with 19
obligations under the lobbyists code of conduct includes a 20
reference to failing to comply with obligations under the 21
document known as the Queensland Contact with Lobbyists 22
Code. 23
98 References to Local Government Act 2009 24
(1) This section applies-- 25
(a) for a reference in this Act to the Local Government Act 26
2009 or a thing under that Act (the local government 27
reference); and 28
(b) until the day the Local Government Act 2009, section 29
288 commences. 30
Page 52
Integrity Bill 2009
Chapter 8 Transitional provisions
[s 99]
Note-- 1
The Local Government Act 2009, section 288 repeals the Local 2
Government Act 1993. 3
(2) The local government reference may, if the context permits, 4
be taken as a reference to the Local Government Act 1993 or 5
the thing under that Act that substantially corresponds to the 6
reference. 7
(3) To remove any doubt, it is declared that the local government 8
reference to a corporate entity under the Local Government 9
Act 2009 is taken as a reference to a corporatised corporation 10
within the meaning of the Local Government Act 1993, 11
chapter 8, part 7. 12
99 References to Sustainable Planning Act 2009 13
(1) Subsection (2) applies-- 14
(a) for a reference in this Act to the Sustainable Planning 15
Act 2009 or a thing under that Act (the planning 16
reference); and 17
(b) until the day the Sustainable Planning 2009, section 764 18
commences. 19
Note-- 20
The Sustainable Planning Act 2009, section 764 repeals the 21
Integrated Planning Act 1997. 22
(2) The planning reference may, if the context permits, be taken 23
as a reference to the Integrated Planning Act 1997 or the thing 24
under that Act that substantially corresponds to the reference. 25
Page 53
Integrity Bill 2009
Chapter 9 Amendments
Part 1 Amendment of this Act
[s 100]
Chapter 9 Amendments 1
Part 1 Amendment of this Act 2
100 Act amended 3
This part amends this Act. 4
101 Amendment of long title 5
(1) Long title, `issues,'-- 6
omit, insert-- 7
`issues and'. 8
(2) Long title, from `, and to make particular'-- 9
omit. 10
Part 2 Amendment of Government 11
Owned Corporations Act 1993 12
102 Act amended 13
This part amends the Government Owned Corporations Act 14
1993. 15
103 Replacement of s 156 (Application of Crime and 16
Misconduct Act) 17
Section 156-- 18
omit, insert-- 19
Page 54
Integrity Bill 2009
Chapter 9 Amendments
Part 2 Amendment of Government Owned Corporations Act 1993
[s 103]
`156 Application of Crime and Misconduct Act 1
`(1) Subsection (2) applies if the chief executive officer of a GOC 2
suspects that a complaint, or information or matter (also a 3
complaint), relating to the GOC involves, or may involve, 4
something that would be official misconduct under the Crime 5
and Misconduct Act 2001 if the GOC were a unit of public 6
administration. 7
`(2) The chief executive officer must notify the CMC of the 8
complaint under the Crime and Misconduct Act 2001, section 9
38 as if the GOC were a unit of public administration and the 10
chief executive officer were a public official. 11
`(3) Subsection (4) applies if the chief executive of the department 12
in which this Act is administered reasonably suspects that-- 13
(a) a complaint, or information or matter (also a 14
complaint), relating to a GOC involves, or may involve, 15
something that would be official misconduct under the 16
Crime and Misconduct Act 2001 if the GOC were a unit 17
of public administration; and 18
(b) the chief executive officer of the GOC has not notified 19
the CMC of the complaint as required under subsection 20
(2). 21
`(4) The chief executive must notify the CMC of the complaint 22
under the Crime and Misconduct Act 2001, section 38 as if the 23
GOC were a unit of public administration and the chief 24
executive were a public official. 25
`(5) The Crime and Misconduct Act 2001, sections 39 and 40 26
apply in relation to the duty imposed by subsection (2) or (4). 27
`(6) On notification under subsection (2) or (4), the Crime and 28
Misconduct Act 2001 applies in relation to the GOC for the 29
purposes of the complaint as if-- 30
(a) the GOC were a unit of public administration; and 31
(b) the chief executive of the department in which this Act 32
is administered were a public official or relevant public 33
official; and 34
Page 55
Integrity Bill 2009
Chapter 9 Amendments
Part 2 Amendment of Government Owned Corporations Act 1993
[s 104]
(c) the reference to the chief executive officer of a unit of 1
public administration in the Crime and Misconduct Act 2
2001, sections 49(2)(f) and 50(1) were a reference to the 3
chief executive of the department in which this Act is 4
administered. 5
`(7) This section does not affect the operation of section 154. 6
`(8) In this section-- 7
CMC means the crime and misconduct commission. 8
GOC does not include a declared entity under the 9
Infrastructure Investment (Asset Restructuring and Disposal) 10
Act 2009. 11
unit of public administration means a unit of public 12
administration under the Crime and Misconduct Act 2001.'. 13
104 Replacement of sch 4, s 156 (Application of Crime and 14
Misconduct Act) 15
Schedule 4, section 156-- 16
omit, insert-- 17
`156 Application of Crime and Misconduct Act 18
`(1) Subsection (2) applies if the chief executive officer of a 19
shareholding GOC of a prescribed GOC subsidiary suspects 20
that a complaint, or information or matter (also a complaint), 21
relating to the subsidiary involves, or may involve, something 22
that would be official misconduct under the Crime and 23
Misconduct Act 2001 if the subsidiary were a unit of public 24
administration. 25
`(2) The chief executive officer must notify the CMC of the 26
complaint under the Crime and Misconduct Act 2001, section 27
38 as if the prescribed GOC subsidiary were a unit of public 28
administration and the chief executive officer were a public 29
official. 30
`(3) Subsection (4) applies if the chief executive of the department 31
in which this Act is administered reasonably suspects that-- 32
Page 56
Integrity Bill 2009
Chapter 9 Amendments
Part 2 Amendment of Government Owned Corporations Act 1993
[s 104]
(a) a complaint, or information or matter (also a 1
complaint), relating to a prescribed GOC subsidiary 2
involves, or may involve, something that would be 3
official misconduct under the Crime and Misconduct 4
Act 2001 if the subsidiary were a unit of public 5
administration; and 6
(b) the chief executive officer of the shareholding GOC for 7
the subsidiary has not notified the CMC of the 8
complaint as required under subsection (2). 9
`(4) The chief executive must notify the CMC of the complaint 10
under the Crime and Misconduct Act 2001, section 38 as if the 11
prescribed GOC subsidiary were a unit of public 12
administration and the chief executive were a public official. 13
`(5) The Crime and Misconduct Act 2001, sections 39 and 40 14
apply in relation to the duty imposed by subsection (2) or (4). 15
`(6) On notification under subsection (2) or (4), the Crime and 16
Misconduct Act 2001 applies in relation to the prescribed 17
GOC subsidiary for the purposes of the complaint as if-- 18
(a) the subsidiary were a unit of public administration; and 19
(b) the chief executive of the department in which this Act 20
is administered were a public official or relevant public 21
official; and 22
(c) the reference to the chief executive officer of a unit of 23
public administration in the Crime and Misconduct Act 24
2001, sections 49(2)(f) and 50(1) were a reference to the 25
chief executive of the department in which this Act is 26
administered. 27
`(7) This section does not affect the operation of section 154. 28
`(8) In this section-- 29
CMC means the crime and misconduct commission. 30
prescribed GOC subsidiary does not include a declared entity 31
under the Infrastructure Investment (Asset Restructuring and 32
Disposal) Act 2009. 33
Page 57
Integrity Bill 2009
Chapter 9 Amendments
Part 3 Amendment of Parliament of Queensland Act 2001
[s 105]
shareholding GOC does not include a declared entity under 1
the Infrastructure Investment (Asset Restructuring and 2
Disposal) Act 2009. 3
unit of public administration means a unit of public 4
administration under the Crime and Misconduct Act 2001.'. 5
Part 3 Amendment of Parliament of 6
Queensland Act 2001 7
105 Act amended 8
This part amends the Parliament of Queensland Act 2001. 9
106 Amendment of s 78 (Main object of ch 5 and its 10
achievement) 11
Section 78(2)(b)-- 12
omit, insert-- 13
`(b) the integrity of public institutions, the ethical conduct of 14
members and parliamentary powers, rights and 15
immunities; and'. 16
107 Amendment of s 80 (Establishment of statutory 17
committees) 18
Section 80, second dot point-- 19
omit, insert-- 20
`· Integrity, Ethics and Parliamentary Privileges 21
Committee'. 22
Page 58
Integrity Bill 2009
Chapter 9 Amendments
Part 3 Amendment of Parliament of Queensland Act 2001
[s 108]
108 Replacement of ch 5, pt 4, div 2, hdg (Members' Ethics 1
and Parliamentary Privileges Committee) 2
Chapter 5, part 4, division 2, heading-- 3
omit, insert-- 4
`Division 2 Integrity, Ethics and Parliamentary 5
Privileges Committee'. 6
109 Replacement of s 90 (Areas of responsibility of Members' 7
Ethics and Parliamentary Privileges Committee) 8
Section 90-- 9
omit, insert-- 10
`90 Areas of responsibility of Integrity, Ethics and 11
Parliamentary Privileges Committee 12
`The Integrity, Ethics and Parliamentary Privileges Committee 13
has the following areas of responsibility-- 14
· the integrity of public institutions 15
· the ethical conduct of members 16
· parliamentary powers, rights and immunities. 17
`90A Integrity of public institutions 18
`The committee's area of responsibility about the integrity of 19
public institutions involves only the matters for which the 20
committee has responsibility under the Integrity Act 2009.'. 21
Page 59
Integrity Bill 2009
Chapter 9 Amendments
Part 4 Amendment of Public Service Act 2008
[s 110]
Part 4 Amendment of Public Service 1
Act 2008 2
110 Act amended 3
This part amends the Public Service Act 2008. 4
111 Amendment of s 101 (Declaration of interests) 5
(1) Section 101(2) and (5), `departmental Minister'-- 6
omit, insert-- 7
`relevant people'. 8
(2) Section 101-- 9
insert-- 10
`(6A) When giving the integrity commissioner and commission 11
chief executive a statement under subsection (2) or (5), the 12
chief executive must also give the integrity commissioner and 13
commission chief executive written advice that the chief 14
executive has given the statement to the departmental 15
Minister.'. 16
(3) Section 101-- 17
insert-- 18
`(8) In this section-- 19
relevant people means-- 20
(a) the departmental Minister; and 21
(b) the integrity commissioner; and 22
(c) the commission chief executive.'. 23
112 Insertion of new ch 9, pt 4 24
Chapter 9, after part 3-- 25
insert-- 26
Page 60
Integrity Bill 2009
Chapter 9 Amendments
Part 4 Amendment of Public Service Act 2008
[s 113]
`Part 4 Transitional provision for the 1
Integrity Act 2009 2
`255 Declaration of interests by chief executives 3
`(1) This section applies if, immediately before the 4
commencement of this section, the commission chief 5
executive has a statement about a chief executive's interests 6
given to the commission chief executive under section 101. 7
`(2) The commission chief executive must give a copy of the 8
statement to the integrity commissioner. 9
`(3) For section 101, the chief executive is taken to have-- 10
(a) given the statement to the integrity commissioner when 11
the chief executive gave the statement to the 12
departmental Minister; and 13
(b) to have complied with section 101(6A).'. 14
113 Amendment of sch 2 (Statutory office holders who are 15
not term appointees) 16
Schedule 2, entry for Public Sector Ethics Act 1994-- 17
omit. 18
114 Amendment of sch 4 (Dictionary) 19
Schedule 4, definition integrity commissioner, `Public Sector 20
Ethics Act 1994'-- 21
omit, insert-- 22
`Integrity Act 2009'. 23
Page 61
Integrity Bill 2009
Chapter 9 Amendments
Part 5 Amendment of other Acts
[s 115]
Part 5 Amendment of other Acts 1
115 Acts amended 2
Schedule 1 amends the Acts it mentions. 3
Page 62
Integrity Bill 2009
Schedule 1
Schedule 1 Amendments 1
section 115 2
Local Government Act 2009 3
1 Section 12(3)(e)-- 4
omit. 5
2 Section 13(2)(i), from `(including' to `example)'-- 6
omit. 7
3 Schedule 4, definition Queensland Contact with 8
Lobbyists Code-- 9
omit. 10
Public Sector Ethics Act 1994 11
1 Long title, `, and to provide for an integrity 12
commissioner'-- 13
omit. 14
2 Section 9(2)(b), `duties'-- 15
omit, insert-- 16
`responsibilities'. 17
Page 63
Integrity Bill 2009
Schedule 1
3 Section 9-- 1
insert-- 2
`(3) A reference to interests is a reference to interests within its 3
ordinary meaning under the general law and the definition in 4
the Acts Interpretation Act 1954, section 36 does not apply.'. 5
4 Part 7-- 6
omit. 7
5 Part 8-- 8
renumber as part 7. 9
6 Section 44-- 10
renumber as section 25. 11
7 Schedule, definitions conflict of interest issue, 12
corporatised corporation, designated person, ethics or 13
integrity issue, information, integrity commissioner, 14
Leader of the Opposition, non-government member, 15
parliamentary committee, Parliamentary Secretary-- 16
omit. 17
8 Schedule, definition public sector entity, paragraph 18
(ha)-- 19
omit, insert-- 20
`(ha) a corporate entity under the Local Government Act 21
2009;'. 22
Page 64
Integrity Bill 2009
Schedule 1
Right to Information Act 2009 1
1 Schedule 1, section 6-- 2
omit, insert-- 3
`6 Documents received or created by integrity 4
commissioner for Integrity Act 2009, ch 3 5
`A document created, or received, by the Queensland Integrity 6
Commissioner for the Integrity Act 2009, chapter 3.'. 7
Page 65
Integrity Bill 2009
Schedule 2
Schedule 2 Dictionary 1
section 3 2
accepted representations-- 3
(a) for chapter 4, part 2, division 3, see section 58; and 4
(b) for chapter 4, part 2, division 4, see section 64. 5
approved form means a form approved under section 90. 6
chief executive means-- 7
(a) for a department--means the chief executive in relation 8
to the department under the Public Service Act 2008, 9
section 10(1); or 10
(b) for a public service office--the head of the public 11
service office under the Public Service Act 2008, section 12
21; or 13
(c) for a registry or other administrative office of a court or 14
tribunal--the chief executive of the department in which 15
is administered the legislation under which the court or 16
tribunal is established; or 17
(d) for a local government--the local government's chief 18
executive officer, including the town clerk of the 19
Brisbane City Council; or 20
(e) for the parliamentary service--the clerk of the 21
Parliament; or 22
(f) for a government owned corporation--its chief 23
executive officer; or 24
(g) for another entity--the person prescribed by regulation 25
or, if no person is prescribed, the person responsible to 26
the Minister administering the legislation under which 27
the entity is established for the management of the 28
entity. 29
Page 66
Integrity Bill 2009
Schedule 2
commission of inquiry means a commission of inquiry under 1
the Commissions of Inquiry Act 1950, and includes an inquiry 2
under commission mentioned in section 4(2) of that Act. 3
conflict of interest see section 10(2). 4
conflict of interest issue see section 10(1). 5
contact see section 42(3). 6
councillor see section 46. 7
designated person see section 12. 8
designated person to whom a relevant document relates, for 9
chapter 3, part 4, division 2, see section 25. 10
ethics or integrity issue see section 9. 11
former senior government representative see section 45. 12
government entity has the meaning given by the Public 13
Service Act 2008, section 24, but does not include a 14
department or a public service office. 15
government representative see section 44. 16
incidental lobbying activities see section 41(5). 17
information, in chapter 3, see section 13. 18
integrity commissioner means the Queensland Integrity 19
Commissioner. 20
interest see section 10(2). 21
interests issues see section 11. 22
Leader of the Opposition means the member of the 23
Legislative Assembly recognised in the Legislative Assembly 24
as the Leader of the Opposition. 25
listed person, for chapter 4, parts 2 and 3, see section 49. 26
lobbying activity see section 42. 27
lobbyist-- 28
(a) generally, see section 41; and 29
(b) for chapter 4, part 3, see section 67. 30
Page 67
Integrity Bill 2009
Schedule 2
lobbyists code of conduct see section 43. 1
lobbyists register see section 43. 2
member to whom a relevant document relates, for chapter 3, 3
part 4, division 3, see section 34. 4
ministerial staff member means a person employed, under the 5
Public Service Act 2008, in the office of a Minister. 6
non-government member means a member of the Legislative 7
Assembly who is not a member of a political party recognised 8
in the Legislative Assembly as being in government. 9
non-profit entity see section 41(4). 10
parliamentary committee means the Integrity, Ethics and 11
Parliamentary Privileges Committee of the Legislative 12
Assembly. 13
Parliamentary Secretary means a member of the Legislative 14
Assembly appointed as a Parliamentary Secretary under the 15
Constitution of Queensland 2001, section 24. 16
parliamentary secretary staff member means a person 17
employed, under the Public Service Act 2008, in the office of 18
a parliamentary secretary. 19
proposed listed person, for chapter 4, part 2, see section 53. 20
public sector officer see section 47. 21
public service office see the Public Service Act 2008, section 22
21. 23
registrant, for chapter 4, part 2, see section 48. 24
related person see the Duties Act 2001, section 61(1). 25
relevant document-- 26
(a) for chapter 3, part 4, division 2, see section 25; or 27
(b) for chapter 3, part 4, division 3, see section 34. 28
remuneration includes salary. 29
senior executive see the Public Service Act 2008, schedule 4. 30
Page 68
Integrity Bill 2009
Schedule 2
senior executive equivalent means an employee, other than a 1
chief executive, whose remuneration is equal to or greater 2
than the remuneration payable to a senior executive. 3
senior officer see the Public Service Act 2008, schedule 4. 4
senior officer equivalent means an employee, other than a 5
chief executive, whose remuneration is equal to or greater 6
than the remuneration payable to a senior officer. 7
show cause notice-- 8
(a) for chapter 4, part 2, division 3, see section 57; or 9
(b) for chapter 4, part 2, division 4, see section 63. 10
show cause period-- 11
(a) for chapter 4, part 2, division 3, see section 57; or 12
(b) for chapter 4, part 2, division 4, see section 63. 13
statutory office see the Public Service Act 2008, section 139. 14
tribunal means-- 15
(a) QCAT or another tribunal constituted by a person acting 16
judicially; or 17
(b) a body or person performing a function under an Act to 18
hear appeals by employees about dismissal from 19
employment, disciplinary action or other unfair 20
treatment; or 21
(c) a commission of inquiry. 22
© State of Queensland 2009
Page 69
AMENDMENTS TO BILL
Integrity Bill 2009
Integrity Bill 2009
Amendment agreed to during Consideration
1 Clause 44 (Meaning of government representative)
At page 28, lines 8 to 11--
omit, insert--
`(b) a Parliamentary Secretary;
(c) a councillor;
(d) a public sector officer;
(e) a ministerial staff member;
(f) a parliamentary secretary staff member.'.
© State of Queensland 2009
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