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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Lobbying Disclosure and Accountability
Bill 2007
CONTENTS
Part 1 -- Definitions and
interpretation
1. Short title 2
2. Commencement 2
3. Interpretation 2
4. Lobbying activity defined 4
5. Act not to affect personal lobbying activity 5
Part 2 -- Registration of lobbyists
Division 1 -- Registration
6. Natural persons may be registered 6
7. Registration 6
8. Application 7
9. Effect of registration 7
10. Duration of registration 7
11. Fee for registration 8
Division 2 -- The Register of Lobbyists
12. The Register of Lobbyists 8
13. Certificate of registration 9
14. Voluntary removal from the Register of Lobbyists
and cancellation of registration 9
15. Cancellation of registration 10
16. Review of Commissioner's decision 11
Division 3 -- Notifications to Commissioner
17. Change of address 11
18. Insolvency 11
19. Civil or criminal proceedings 12
242--1 page i
Lobbying Disclosure and Accountability Bill 2007
Contents
Part 3 -- Disclosure of Lobbying
Division 1 -- Employed Lobbyists
20. Application of Division 1 13
21. Employed lobbyists to lodge returns 13
22. Commissioner may require further information 15
Division 2 -- Consultant Lobbyists
23. Application of Division 2 16
24. Consultant lobbyists to lodge returns 16
25. Commissioner may require further information 18
Division 3 -- Register of Lobbying Activity
26. Register of Lobbying Activity established 18
Part 4 -- Investigation and Offences
Division 1 -- Investigations by Commissioner
27. Commissioner may investigate lobbying activity 20
28. Report on completion of investigation or generally 21
Division 2 -- Offences and Legal Proceedings
29. Persons who may engage in lobbying activity 21
30. Persons who may be employed or engaged to
engage in lobbying activity 21
31. Improper advantage of former public office 22
32. Prohibition on lobbying activities by former public
officials 22
33. Improper disclosure 22
34. Privileged access to Houses of Parliament 22
35. False or misleading information 23
36. Contingent fees 23
37. Proof of returns and information 23
38. Proof of intention 24
39. Proof that a person is a public official 24
Part 5 -- Miscellaneous
40. Rules of Parliament 25
41. Code of conduct 25
42. Review of Act 26
page ii
Lobbying Disclosure and Accountability Bill 2007
Contents
Part 6 -- Consequential amendments
43. The Act amended 27
44. Section 21A inserted 27
21A. Jurisdiction under Lobbying Disclosure
and Accountability Act 2007 27
page iii
Western Australia
LEGISLATIVE ASSEMBLY
(Introduced by Dr Constable, MLA)
Lobbying Disclosure and Accountability
Bill 2007
A Bill for
An Act to provide for the registration of lobbyists, to establish a
register of lobbyists, to provide for the disclosure of lobbying
activities intended to inform and influence Members of Parliament,
Ministers of the Crown and other public officers, to establish a
register of activities so disclosed, to provide for investigations of
lobbying activities and for incidental purposes.
The Parliament of Western Australia enacts as follows:
page 1
Lobbying Disclosure and Accountability Bill 2007
Part 1 Definitions and interpretation
s. 1
Part 1 -- Definitions and interpretation
1. Short title
This is the Lobbying Disclosure and Accountability Act 2007.
2. Commencement
5 This Act comes into operation on a date to be fixed by
proclamation.
3. Interpretation
In this Act, unless the contrary intention appears --
"appropriate authority" means a person, body or organization
10 who or which is empowered by a law of the State to take
investigatory or other action and includes (without limiting
the foregoing) --
(a) a member of the Police Service;
(b) the Director of Public Prosecutions; and
15 (c) the Commissioner for Public Sector Standards;
"Commissioner" means the Commissioner for Public Sector
Standards appointed under the Public Sector Management
Act 1994;
"Corporations Act" means the Corporations Act 2001 of the
20 Commonwealth;
"consultant lobbyist" has the meaning given by section 23;
"employed lobbyist" has the meaning given by section 20;
"judicial proceedings" includes any proceeding had or taken in
or before any court, tribunal, or person, in which evidence
25 may be given on oath;
"lobbying activity" has the meaning given by section 4;
"lobbyist" means a person who is an employed lobbyist, a
consultant lobbyist or both;
page 2
Lobbying Disclosure and Accountability Bill 2007
Definitions and interpretation Part 1
s. 3
"statutory authority money" has the same meaning as in the
Financial Management Act 2006;
"person" includes a body corporate or association or body of
persons, whether incorporated or unincorporated;
5 "public authority" means any body, whether incorporated or
unincorporated, that is established or continued for a public
purpose under a written law;
"public money" has the same meaning as in the Financial
Management Act 2006;
10 "public official" means --
(a) a Minister of the Crown;
(b) a Parliamentary Secretary appointed under section
44A of the Constitution Acts Amendment Act 1899;
(c) member of either House of Parliament;
15 (d) ministerial officer within the meaning of the Public
Sector Management Act 1994;
(e) a member of the Senior Executive Service constituted
under the Public Sector Management Act 1994;
(f) a chief executive officer within the meaning of the
20 Public Sector Management Act 1994;
(g) a chief employee within the meaning of the Public
Sector Management Act 1994;
(h) a body or holder of an office referred to in paragraph
(a) of the definition of non-SES organisation in the
25 Public Sector Management Act 1994;
(i) a body or holder of an office referred to in paragraph
(a) of the definition of SES organisation in the Public
Sector Management Act 1994; or
(j) the holder of such other office, post or position as is
30 prescribed;
"Register of Lobbying Activity" means the register compiled
and maintained under section 26;
page 3
Lobbying Disclosure and Accountability Bill 2007
Part 1 Definitions and interpretation
s. 4
"Register of Lobbyists" means the register compiled and
maintained under section 12;
"related entity" has the same meaning as in the Corporations
Act;
5 "remuneration" has the same meaning as in the Salaries and
Allowances Act 1975.
4. Lobbying activity defined
(1) For the purposes of this Act, but subject to this section,
"lobbying activity" means --
10 (a) any oral or written communication (including an
electronic communication) with a public official in
respect of --
(i) the development of any legislative proposal by
the Government or by a member of either House
15 of Parliament;
(ii) the introduction of any Bill in either House of
Parliament or the passage or amendment of any
Bill that is before either House of Parliament;
(iii) the making or amendment of any subsidiary
20 legislation;
(iv) the introduction or change of any Government
policy or programme;
(v) the exercise of any authority or power conferred
under a written law; or
25 (vi) the expenditure of public moneys or moneys of a
statutory authority; and
(b) arranging or attending a meeting between a public
official and any other person.
page 4
Lobbying Disclosure and Accountability Bill 2007
Definitions and interpretation Part 1
s. 5
(2) "Lobbying activity" does not include oral or written
communication (including an electronic communication) that
is --
(a) made by a public official, a public authority, or any
5 other person holding office under a written law in his,
her or its official capacity;
(b) made on behalf of the government of the
Commonwealth or a State, other than the State of
Western Australia;
10 (c) made on behalf of the government of a foreign country;
(d) constituted by any application required or authorized by
a written law;
(e) made by a representative or employee of a media
organization for the purposes of gathering and
15 disseminating news and information to the public;
(f) made in a speech, article, publication or other medium
of mass communication;
(g) made in a petition to the either House of Parliament or
in evidence or submissions to a committee of either of
20 those Houses, or a joint committee of both Houses of
Parliament; or
(h) made in the course of any judicial proceedings.
(3) "Lobbying activity" does not include arranging or attending a
meeting with a public official --
25 (a) that is open to members of the public; or
(b) by a representative or employee of a media organization
for the purposes of gathering and disseminating news
and information to the public.
5. Act not to affect personal lobbying activity
30 Nothing in this Act shall be interpreted so as to apply to
lobbying activity engaged in by a natural person on his or her
own behalf.
page 5
Lobbying Disclosure and Accountability Bill 2007
Part 2 Registration of lobbyists
Division 1 Registration
s. 6
Part 2 -- Registration of lobbyists
Division 1 -- Registration
6. Natural persons may be registered
Registration under this Act may be granted only to a natural
5 person.
7. Registration
(1) Subject to this section, the Commissioner is to register an
applicant if satisfied that the applicant has --
(a) complied with the requirements of subsection (2); and
10 (b) paid the registration fee, if any, prescribed by the
regulations.
(2) The requirements for registration are that the applicant --
(a) is of good fame and character;
(b) is a fit and proper person to be registered as a lobbyist;
15 and
(c) has not been convicted of an offence the nature of which
renders the person unfit to be a lobbyist.
(3) The Commissioner must not register an applicant if, at any time
within the period of one year before the date of the application,
20 the applicant was a public official.
(4) On application in the prescribed form, the Commissioner may,
on any condition which the Commissioner specifies, exempt an
applicant from the application of subsection (3) if the
Commissioner is of the opinion that the exemption would not
25 be contrary to the purposes of this Act having regard to any
circumstance or factor that the Commissioner considers
relevant, including whether the applicant --
(a) was a public official for a short period;
(b) was a public official on an acting basis;
page 6
Lobbying Disclosure and Accountability Bill 2007
Registration of lobbyists Part 2
Registration Division 1
s. 8
(c) was employed as a public official under a program of
student employment; or
(d) had administrative duties only as a public official.
8. Application
5 (1) An application is to be --
(a) in writing;
(b) made in an approved manner and form; and
(c) accompanied by the application fee, if any, prescribed
by the regulations.
10 (2) The applicant must provide the Commissioner with such further
information as the Commissioner requires, in any particular
case, and if required by the Commissioner must verify the
information by statutory declaration.
(3) The Commissioner may, in writing, require an applicant for
15 registration to attend before the Commissioner for the purpose
of satisfying the Commissioner as to a matter relevant to the
application and, if the person fails to attend, may refuse the
application.
(4) The Commissioner may refuse to register a person who does not
20 comply with this section.
9. Effect of registration
Subject to this Act, registration confers on the person registered
the right to engage in lobbying activity in the State.
10. Duration of registration
25 Subject to this Act, registration --
(a) has effect for the period prescribed by the regulations;
and
(b) may be renewed in accordance with the regulations for a
further period prescribed by the regulations.
page 7
Lobbying Disclosure and Accountability Bill 2007
Part 2 Registration of lobbyists
Division 2 The Register of Lobbyists
s. 11
11. Fee for registration
(1) A lobbyist must pay to the Commissioner a fee prescribed by
the regulations for the renewal of registration, and if the fee is
not paid on or before the day on which it falls due under the
5 regulations --
(a) the person ceases to be registered; and
(b) the person's name must be removed from the Register of
Lobbyists.
(2) A person whose name is removed from the Register of
10 Lobbyists under subsection (1) may at any time pay to the
Commissioner all fees that are in arrears, and all fees that would
be in arrears if the person had continued to be registered,
together with any additional amount prescribed by the
regulations for the purposes of this subsection, and is then to be
15 entitled, subject to this Act, to have his or her registration
renewed and the name restored to the register.
(3) The Commissioner is to give written notice of the renewal fee to
a lobbyist, sent to that lobbyist's address as recorded in the
register, at least 42 days before the fee falls due under the
20 regulations.
(4) A person may apply to the Commissioner for the remission of
fees payable by the period under this section that are in arrears,
and that Commissioner may remit those fees in whole or in part.
Division 2 -- The Register of Lobbyists
25 12. The Register of Lobbyists
(1) The Commissioner is required to keep an accurate and up to
date register of all lobbyists to be known as the "Register of
Lobbyists" and in respect of each registered lobbyist is to
record --
30 (a) the name of that lobbyist;
page 8
Lobbying Disclosure and Accountability Bill 2007
Registration of lobbyists Part 2
The Register of Lobbyists Division 2
s. 13
(b) whether the lobbyist is registered as an employed
lobbyist or a consultant lobbyist;
(c) the business, or other, address of that lobbyist;
(d) in the case of a public official, the public office or
5 offices formerly held by the lobbyist;
(e) in the case of an employed lobbyist, the name and
business address of the employer; and
(f) such other information, if any, as is prescribed by the
regulations.
10 (2) The Register of Lobbyists may be compiled in such manner and
form as the Commissioner considers convenient, including by
electronic means.
(3) The Register of Lobbyists shall be open to inspection by any
person at such place and at such reasonable times as the
15 Commissioner may determine.
13. Certificate of registration
(1) On the registration of a person the Commissioner is to issue to
that person a certificate of registration in an approved form.
(2) In the absence of evidence to the contrary a certificate of
20 registration is evidence that the person to whom the certificate is
issued is registered.
14. Voluntary removal from the Register of Lobbyists and
cancellation of registration
(1) A lobbyist may, in writing, request the Commissioner to remove
25 the name of that lobbyist and cancel the lobbyist's registration.
(2) Upon receipt of a request under subsection (1) the
Commissioner must remove the name of the lobbyist from the
Register of Lobbyists and cancel the lobbyist's registration.
page 9
Lobbying Disclosure and Accountability Bill 2007
Part 2 Registration of lobbyists
Division 2 The Register of Lobbyists
s. 15
15. Cancellation of registration
(1) Any person may, at any time, make a complaint in writing to the
Commissioner about the registration of a lobbyist if the
complaint complies with subsection (2).
5 (2) For a complaint to comply with this subsection --
(a) the complaint has to specify the lobbyist and the ground
of complaint; and
(b) the ground of complaint has to be a ground described in
subsection (3).
10 (3) The Commissioner may, on receiving a complaint under
subsection (1) or on the Commissioner's own initiative, make
any investigation or inquiry that the Commissioner considers
necessary to decide whether to make an allegation under
subsection (4) --
15 (a) on the ground that the lobbyist improperly obtained
registration contrary to the provisions of this Act;
(b) on the ground that the lobbyist has been convicted of
any offence against this Act;
(c) on any of the grounds on which the Commissioner may
20 refuse to register a lobbyist under section 7.
(4) If the Commissioner decides that it is appropriate to do so, the
Commissioner may make an allegation to the State
Administrative Tribunal that there is ground for it to make an
order under subsection (6).
25 (5) If the Commissioner decides not to make an allegation
concerning a lobbyist about whom a complaint was made under
subsection (1) the Commissioner is required to notify the person
who made the complaint and the reason for it.
(6) Where the State Administrative Tribunal, on dealing with an
30 allegation under subsection (4) is satisfied that any of the
grounds under subsection (3) is proved, it may order that the
Commissioner cancel the lobbyist's registration and that the
page 10
Lobbying Disclosure and Accountability Bill 2007
Registration of lobbyists Part 2
Notifications to Commissioner Division 3
s. 16
lobbyist be disqualified either permanently or for such period as
the Tribunal specifies in the order from being registered under
this Act.
(7) During the period for which the lobbyist is disqualified from
5 being registered, the lobbyist shall be deemed not to be
registered.
16. Review of Commissioner's decision
Where the Commissioner refuses to grant registration as a
lobbyist to an applicant under section 7, the applicant may apply
10 to the State Administrative Tribunal for a review of the decision.
Division 3 -- Notifications to Commissioner
17. Change of address
(1) A lobbyist must give the Commissioner written advice of any
change to the address that is recorded in the Register of
15 Lobbyists in relation to the person.
Penalty: $1,000.
(2) The advice referred to in subsection (1) must be given no later
than 30 days after the change to the address.
18. Insolvency
20 A lobbyist must, within 7 days of becoming a person who is an
insolvent under administration as defined in the Corporations
Act section 9, give the Commissioner written advice of the
insolvency.
Penalty: $5,000.
page 11
Lobbying Disclosure and Accountability Bill 2007
Part 2 Registration of lobbyists
Division 3 Notifications to Commissioner
s. 19
19. Civil or criminal proceedings
(1) A lobbyist must give to the Commissioner written advice of any
of the following matters within 14 days after --
(a) any civil proceedings claiming damages or other
5 compensation arising out of engaging in lobbying
activity;
(b) any criminal proceedings for an offence arising out of
engaging in lobbying activity; or
(c) any proceedings for contempt of parliament arising out
10 of engaging in lobbying activity,
are commenced against the lobbyist.
Penalty: $5,000.
(2) A lobbyist must give to the Commissioner written advice of any
of the following matters within 14 days after --
15 (a) any proceedings of a kind referred to in subsection (1)
commenced against the lobbyist are withdrawn or
settled;
(b) any such proceedings are determined by a court, the
Parliament or other tribunal.
20 Penalty: $5,000.
page 12
Lobbying Disclosure and Accountability Bill 2007
Disclosure of Lobbying Part 3
Employed Lobbyists Division 1
s. 20
Part 3 -- Disclosure of Lobbying
Division 1 -- Employed Lobbyists
20. Application of Division 1
(1) This Division applies to any natural person (referred to in this
5 Act as an "employed lobbyist") --
(a) who is employed by another person (referred to in this
Act as an "employer"); and
(b) whose duties or activities with the employer include
lobbying activity on behalf of --
10 (i) the employer;
(ii) where the employer is a corporation within the
meaning of the Corporations Act, the employer
and any related entity of the employer; or
(iii) any profession, business, trade, vocation or
15 calling in relation to which the employer is a
representative body.
(2) Without limiting subsection (1) an employee of an organization
within the meaning of the Industrial Relations Act 1979 who
engages in lobbying activity shall be deemed to be an employed
20 lobbyist.
21. Employed lobbyists to lodge returns
(1) An employed lobbyist must, lodge a quarterly return with the
Commissioner setting out the information referred to in
subsection (2) in respect of the periods --
25 (a) 1 January to 31 March;
(b) 1 April to 30 June;
(c) 1 July to 30 September;
page 13
Lobbying Disclosure and Accountability Bill 2007
Part 3 Disclosure of Lobbying
Division 1 Employed Lobbyists
s. 21
(d) 1 October to 31 December,
and the quarterly return must be lodged within 28 days of the
end of each applicable period referred to in paragraphs (a), (b),
(c) and (d) of this subsection.
5 Penalty: $10,000, and a daily penalty of $1,000.
(2) A return lodged in accordance with subsection (1) shall set out
the following information in relation to all of the lobbying
activity carried out by the employed lobbyist in the preceding
quarter --
10 (a) the name and business address of the employed lobbyist;
(b) the name and business address of the employer;
(c) where the employer is a corporation within the meaning
of the Corporations Act, the name and business address
of any related entity of the employer that, to the
15 knowledge of the employed lobbyist, has a direct
interest in the outcome of the employed lobbyist's
lobbying activity;
(d) any other person that, to the knowledge of the employed
lobbyist, has a direct interest in the outcome of the
20 employed lobbyist's lobbying activity;
(e) a description in summary form of the employer's
business or activities and such other information to
identify the nature of the employer's business or
activities as is prescribed;
25 (f) a description, in summary form, of the subject matter of
the lobbying activity, and such other information
regarding the subject matter as is prescribed;
(g) particulars to identify any legislative proposal, Bill,
subsidiary legislation, policy, programme, authority,
30 power or expenditure to which the lobbying activity
related;
(h) where the public officials in relation to whom lobbying
activity was directed are persons within paragraphs (a),
page 14
Lobbying Disclosure and Accountability Bill 2007
Disclosure of Lobbying Part 3
Employed Lobbyists Division 1
s. 22
(b) or (c) of the definition of "public official", the name
of the public officials;
(i) where the public officials in relation to whom lobbying
activity was directed are persons within paragraphs (d),
5 (e), (f), (g), (h), (i) or (j) of the definition of public
official, the titles of the public officials; and
(j) such other information in relation to the lobbying
activity as is prescribed.
(3) The Commissioner may, on the application of an employed
10 lobbyist, extend the time within which a quarterly return
required by subsection (1) must be lodged.
(4) Where an employed lobbyist has not engaged in any lobbying
activity in a particular quarter, the employed lobbyist must
lodge an annual return stating that he or she has not engaged in
15 any lobbying activity in that quarter.
22. Commissioner may require further information
(1) The Commissioner may, by notice in writing served on the
employed lobbyist, require an employed lobbyist to provide
such further written information in relation to a return lodged
20 pursuant to section 21 as the Commissioner considers is
necessary to clarify the information set out in that return.
(2) A notice under subsection (1) shall --
(a) be in writing;
(b) specify the nature of the further information required;
25 (c) specify a time at or within which the further information
is to be provided; and
(d) state that the person receiving the notice is required by
this Act to comply with the notice.
page 15
Lobbying Disclosure and Accountability Bill 2007
Part 3 Disclosure of Lobbying
Division 2 Consultant Lobbyists
s. 23
(3) A person who, without reasonable excuse (proof of which shall
lie on him or her), fails to comply with a notice served on the
person under subsection (1) is guilty of an offence.
Penalty: $10,000, and a daily penalty of $1,000.
5 Division 2 -- Consultant Lobbyists
23. Application of Division 2
(1) This Division applies to any natural person (referred to in this
Act as a "consultant lobbyist") who, directly or indirectly,
received money or other remuneration, for engaging in lobbying
10 activity on behalf of any other person (referred to in this
Division as "the client"), other than as an employed lobbyist.
(2) To avoid doubt, a consultant lobbyist need not carry on a
business of engaging in lobbying activity, or engage in lobbying
activity on more than one occasion, for this Division to apply to
15 him or her.
(3) Where a person acts as an employed lobbyist and a consultant
lobbyist, that person shall comply with both Division 1 and this
Division.
24. Consultant lobbyists to lodge returns
20 (1) A consultant lobbyist must, not later than the 15th day of each
month (or such other time as the Commissioner allows under
subsection (3)), lodge a monthly return with the Commissioner
setting out the information referred to in subsection (2).
Penalty: $10,000, and a daily penalty of $1,000.
25 (2) A return lodged in accordance with subsection (1) shall set out
the following information in relation to each instance of
lobbying activity carried out by the consultant lobbyist in the
preceding calendar month --
(a) the name and business address of the consultant
30 lobbyist;
page 16
Lobbying Disclosure and Accountability Bill 2007
Disclosure of Lobbying Part 3
Consultant Lobbyists Division 2
s. 24
(b) where applicable, the name and business address of any
firm, corporation or other entity through which the
consultant lobbyist carried out the lobbying activity
(whether as an employee or otherwise);
5 (c) the name and business address of the client and the
name and business address of any person that, to the
knowledge of the consultant lobbyist, controls or directs
the activities of the client and has a direct interest in the
outcome of the consultant lobbyist's lobbying activity;
10 (d) where the client is a corporation within the meaning of
the Corporations Act, the name and business address of
any related entity of the client that, to the knowledge of
the consultant lobbyist, has a direct interest in the
outcome of the consultant lobbyist's lobbying activity;
15 (e) particulars to identify the subject matter of the lobbying
activity, and such other information regarding the
subject matter as is prescribed;
(f) particulars to identify any legislative proposal, Bill,
subsidiary legislation, policy, programme, authority,
20 power or expenditure to which the lobbying activity
related;
(g) the date on which the lobbying activity occurred;
(h) where the public official in relation to whom the
lobbying activity was directed is a person within
25 paragraphs (a), (b) or (c) of the definition of "public
official", the name of the public official;
(i) where the public official in relation to whom the
lobbying activity was directed is a person within
paragraphs (d), (e), (f), (g), (h), (i) or (j) of the definition
30 of "public official", the title of the public official;
(j) where applicable, whether the money or other
remuneration payable in respect of the lobbying activity
is wholly or partly contingent on the consultant
lobbyist's degree of success in influencing the matters
35 referred to in Section 4(1)(a)(i) to (vi); and
page 17
Lobbying Disclosure and Accountability Bill 2007
Part 3 Disclosure of Lobbying
Division 3 Register of Lobbying Activity
s. 25
(k) such other information in relation to the lobbying
activity as is prescribed.
(3) The Commissioner may, on the application of a consultant
lobbyist, extend the time within which a monthly return
5 required by subsection (1) must be lodged.
(4) Where a consultant lobbyist has not engaged in any lobbying
activity in a particular calendar month, the consultant lobbyist
must lodge a monthly return stating that he or she has not
engaged in any lobbying activity in that calendar month.
10 25. Commissioner may require further information
(1) The Commissioner may, by notice in writing served on the
consultant lobbyist, require a consultant lobbyist to provide such
further written information in relation to a return lodged
pursuant to section 24 as the Commissioner considers is
15 necessary to clarify the information set out in that return.
(2) A notice under subsection (1) shall --
(a) be in writing;
(b) specify the nature of the further information required;
(c) specify a time at or within which the further information
20 is to be provided; and
(d) state that the person receiving the notice is required by
this Act to comply with the notice.
(3) A person who, without reasonable excuse (proof of which shall
lie on him or her), fails to comply with a notice served on the
25 person under subsection (1) is guilty of an offence.
Penalty: $10,000, and a daily penalty of $1,000.
Division 3 -- Register of Lobbying Activity
26. Register of Lobbying Activity established
(1) The Commissioner shall compile and maintain a register to be
30 called the "Register of Lobbying Activity".
page 18
Lobbying Disclosure and Accountability Bill 2007
Disclosure of Lobbying Part 3
Register of Lobbying Activity Division 3
s. 26
(2) The Register of Lobbying Activity shall comprise all of the
information set out in returns lodged under this Act and all of
the information provided to the Commissioner pursuant to
notices served under section 22(1) and section 25(1).
5 (3) The Register of Lobbying Activity may be compiled in such
manner and form as the Commissioner considers convenient,
including by electronic means.
(4) The Register of Lobbying Activity shall be open to inspection
by any person at such place and at such reasonable times as the
10 Commissioner may determine.
page 19
Lobbying Disclosure and Accountability Bill 2007
Part 4 Investigation and Offences
Division 1 Investigations by Commissioner
s. 27
Part 4 -- Investigation and Offences
Division 1 -- Investigations by Commissioner
27. Commissioner may investigate lobbying activity
(1) The Commissioner may investigate any matter relating to any
5 lobbying activity carried out by a lobbyist.
(2) In particular, without limiting subsection (1), the Commissioner
may investigate whether a lobbyist has in the course of any
lobbying activity --
(a) adequately disclosed to the relevant public official, the
10 person on whose behalf the lobbying activity was being
conducted;
(b) provide accurate and factual information to the relevant
public official;
(c) been accorded any unfairly preferential or
15 discriminatory treatment by the relevant public official;
(d) attempted to apply any improper influence on the
relevant public officer; or
(e) represented competing or conflicting interests without
the consent of those whose interest are involved.
20 (3) In this section, "the relevant public official" means the public
official to whom the lobbying activity was directed.
(4) The provisions of section 24 of the Public Sector Management
Act 1994 shall apply, with all necessary modifications, to an
investigation by the Commissioner pursuant to this section.
25 (5) If, during the course of an in investigation under this section, the
Commissioner suspects that a person has committed an offence,
a breach of discipline or otherwise engaged in conduct which
may be the subject of further action, the Commissioner may
refer that conduct to an appropriate authority for further action.
page 20
Lobbying Disclosure and Accountability Bill 2007
Investigation and Offences Part 4
Offences and Legal Proceedings Division 2
s. 28
28. Report on completion of investigation or generally
(1) Where the Commissioner conducts an investigation under
section 27, the Commissioner shall prepare a report of his or her
conclusions, and the reasons for those conclusions, in relation to
5 the matter the subject of the investigation.
(2) The Commissioner may, if he or she thinks fit, prepare a report
in relation to any matter arising out of the administration of this
Act generally.
(3) Notwithstanding the Financial Management Act 2006, the
10 Commissioner shall, as soon as practicable, lay before each
House of Parliament any report prepared by the Commissioner
under subsections (1) or (2).
(4) If neither House of Parliament is sitting at the time when the
Commissioner completes his or her report in accordance with
15 subsections (1) or (2), the Commissioner shall --
(a) send copies of the report to the Clerks of both Houses of
Parliament; and
(b) make the report available to the public.
Division 2 -- Offences and Legal Proceedings
20 29. Persons who may engage in lobbying activity
A person must not engage in lobbying activity unless that
person is a registered person.
Penalty: $50,000.
30. Persons who may be employed or engaged to engage in
25 lobbying activity
A person must not employ or engage a person to engage in
lobbying activity unless the person employed or engaged is a
registered person.
Penalty: $50,000.
page 21
Lobbying Disclosure and Accountability Bill 2007
Part 4 Investigation and Offences
Division 2 Offences and Legal Proceedings
s. 31
31. Improper advantage of former public office
A person who formerly was a public official must not engage in
lobbying activity in such a manner as to take improper
advantage of his or her former public office or offices.
5 Penalty: $50,000.
32. Prohibition on lobbying activities by former public officials
A person who formerly was a public official must not engage in
any lobbying activity concerning a matter in respect of which
the person had, or would have had, a duty by reason of holding
10 his or her former public office or offices.
Penalty: $50,000.
33. Improper disclosure
A person who formerly was a public official must not disclose to
any person in the course of engaging in any lobbying activity
15 any information that was obtained in his or her capacity as a
former public official and is not available to a member of the
public.
Penalty: $50,000.
34. Privileged access to Houses of Parliament
20 A lobbyist who has been a member of either House of
Parliament must not exercise any privilege with respect to
access to --
(a) the Houses of Parliament; or
(b) facilities available to members of Parliament,
25 that is a privilege not available to a member of the public.
Penalty: $50,000.
page 22
Lobbying Disclosure and Accountability Bill 2007
Investigation and Offences Part 4
Offences and Legal Proceedings Division 2
s. 35
35. False or misleading information
A person who --
(a) includes any information in a return lodged under this
Act that the person knows is false or misleading in a
5 material particular;
(b) omits any information in a return lodged under this Act
without which the return is, to the person's knowledge,
false or misleading in a material particular;
(c) includes any information in a response to a notice served
10 under section 22(1) or section 25(1) that the person
knows is false or misleading in a material particular; or
(d) omits any information in a response to a notice served
under section 22(1) or section 25(1) without which the
response is, to the person's knowledge, false or
15 misleading in a material particular,
is guilty of an offence.
Penalty: $50,000.
36. Contingent fees
(1) A lobbyist or the employer of a lobbyist must not receive any
20 payment that is in whole or in part contingent on the outcome of
any matter described in section 4(1) or on the lobbyist's success
in arranging a meeting referred to in section 4(1)(b).
Penalty: $50,000.
(2) A person must not make a payment referred to in subsection (2)
25 to a lobbyist or the employer of a lobbyist.
Penalty: $50,000.
37. Proof of returns and information
In any prosecution for an offence against this Act a copy of --
(a) a return lodged under this Act; or
page 23
Lobbying Disclosure and Accountability Bill 2007
Part 4 Investigation and Offences
Division 2 Offences and Legal Proceedings
s. 38
(b) a response to a notice served under section 22(1) or
section 25(1),
purporting to be certified under the Commissioner's signature as
a true copy is, without proof of the Commissioner's signature,
5 admissible in evidence.
38. Proof of intention
In any proceedings for an offence against this Act, an averment
in the complaint that any oral or written communication
(including electronic communication) was made with a
10 particular intent, must, on proof of the communication having
occurred, be taken to be proved, unless the contrary is proved.
39. Proof that a person is a public official
In any proceedings for an offence against this Act, an averment
in the complaint that a person was a public official within the
15 meaning of this Act must be taken to be proved, unless the
contrary is proved.
page 24
Lobbying Disclosure and Accountability Bill 2007
Miscellaneous Part 5
s. 40
Part 5 -- Miscellaneous
40. Rules of Parliament
(1) Rules of Parliament may be made for prescribing all matters
that --
5 (a) are required or permitted to be prescribed; or
(b) are necessary or convenient to be prescribed,
for giving effect to the purposes of this Act.
(2) The Rules of Parliament referred to in this section are rules that
have been agreed upon by each House of Parliament in
10 accordance with the Rules and Orders thereof.
(3) Rules of Parliament made under this Act shall be published in
the Gazette.
(4) Section 42 of the Interpretation Act 1984 does not apply to
Rules of Parliament made under this Act.
15 41. Code of conduct
(1) The Commissioner may issue a code of conduct for lobbyists
engaging in lobbying activity.
(2) The code of conduct may adopt the provisions of other
publications, whether with or without modification or additional
20 and whether in force at a particular time or from time to time.
(3) A breach of the code of conduct does not of itself constitute a
breach of this Act, but the Commissioner may consider whether
such a breach has occurred, and may take into account any such
breach that the Commissioner is satisfied has occurred, in
25 performing any function under this Act.
(4) Except as provided in subsection (3), no civil or criminal
liability attaches to a person by reason only that the person has
committed a breach of the code of conduct.
page 25
Lobbying Disclosure and Accountability Bill 2007
Part 5 Miscellaneous
s. 42
(5) The Interpretation Act 1984 sections 41, 42, 43 and 44 apply to
the code of conduct as if the code of conduct was regulations.
42. Review of Act
(1) The Minister is to carry out a review of the operation and
5 effectiveness of this Act as soon as practicable after the expiry
of 5 years from its commencement, having regard to all matters
that appear to the Minister to be relevant to the operation and
effectiveness of this Act.
(2) The Minister is to prepare a report based on the review and, as
10 soon as is practicable after the report is prepared, is to cause it
to be laid before each House of Parliament.
page 26
Lobbying Disclosure and Accountability Bill 2007
Consequential amendments Part 6
s. 43
Part 6 -- Consequential amendments
43. The Act amended
The amendments in this Part are to the Public Sector
Management Act 1994.
5 44. Section 21A inserted
After section 21 the following section is inserted --
"
21A. Jurisdiction under Lobbying Disclosure and
Accountability Act 2007
10 Notwithstanding anything in section 21, the
Commissioner shall have jurisdiction, authority and
power to do all things provided for in the Lobbying
Disclosure and Accountability Act 2007.
".
15
page 27
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