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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023-2024
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Lobbying (Improving Government
Honesty and Trust) Bill 2024
No. , 2024
(Dr Ryan)
A Bill for an Act to establish a scheme to promote
and enhance transparency, integrity and honesty in
dealings between lobbyists and Government
representatives, and for related purposes
No. , 2023
Lobbying (Improving Government Honesty and Trust) Bill 2024
i
Contents
Part 1--Preliminary
1
1
Short title .............................................................................. 1
2
Commencement .................................................................... 2
3
Objects of this Act ................................................................ 2
4
Simplified outline of this Act ............................................... 3
5
Crown to be bound ............................................................... 4
6
Application ........................................................................... 4
7
Extended geographical jurisdiction for offences................... 4
Part 2--Definitions
5
8
Definitions ............................................................................ 5
9
Meaning of
lobbying activity
................................................ 7
10
Meaning of
lobbyist
.............................................................. 8
Part 3--Regulation of lobbying activities and related practices
10
11
Lobbying activity by unregistered lobbyists prohibited ...... 10
12
Certain former Government representatives must not engage
in lobbying activities or related practices ........................... 10
13
Obligations of registered lobbyists and listed persons ........ 12
14
Obligations of Government representatives ........................ 14
Part 4--Registration
15
Division 1--Register of Lobbyists
15
15
Establishment of Register ................................................... 15
16
Information to be included in the Register ......................... 15
17
Information from quarterly returns to be included in the
Register............................................................................... 16
Division 2--Registration process
18
18
Application for registration ................................................ 18
19
Registration ........................................................................ 19
Division 3--Updating the Register
20
20
Notification of changes to registration details .................... 20
21
Periodic confirmation of registration details ....................... 20
Division 4--Variation, suspension or cancellation of registration
22
22
Variation, suspension or cancellation of registration .......... 22
Part 5--Other transparency requirements
24
ii
Lobbying (Improving Government Honesty and Trust) Bill 2024
No. , 2023
23
Requirement to publish Ministerial diaries ......................... 24
24
Requirement for Australian Government Directory to include
entries for current and former senior Ministerial staffers ... 24
Part 6--Enforcement
26
25
Referral of alleged contravention ....................................... 26
26
Investigations by the Commissioner ................................... 26
Part 7--Miscellaneous
27
27
Review of decisions ............................................................ 27
28
Treatment of partnerships ................................................... 27
29
Treatment of unincorporated associations .......................... 28
30
Annual report ...................................................................... 28
31
Review of operation of Act by an expert panel .................. 28
32
Appointment of members of the expert panel ..................... 29
33
Rules ................................................................................... 30
No. , 2023
Lobbying (Improving Government Honesty and Trust) Bill 2024
1
A Bill for an Act to establish a scheme to promote
1
and enhance transparency, integrity and honesty in
2
dealings between lobbyists and Government
3
representatives, and for related purposes
4
The Parliament of Australia enacts:
5
Part 1--Preliminary
6
7
1 Short title
8
This Act is the
Lobbying (Improving Government Honesty and
9
Trust)
Act 2024.
10
Part 1
Preliminary
Section 2
2
Lobbying (Improving Government Honesty and Trust) Bill 2024
No. , 2023
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after the day on which the
Consolidated Revenue Fund is appropriated
under an Act to the Department in which this
Act is administered for payment for the
purposes of this Act.
Note:
This table relates only to the provisions of this Act as originally
7
enacted. It will not be amended to deal with any later amendments of
8
this Act.
9
(2) Any information in column 3 of the table is not part of this Act.
10
Information may be inserted in this column, or information in it
11
may be edited, in any published version of this Act.
12
3 Objects of this Act
13
The objects of this Act are to promote and enhance transparency,
14
integrity and honesty in dealings between lobbyists and
15
Government representatives by:
16
(a) providing for the registration of lobbyists; and
17
(b) restricting lobbying by certain former Government
18
representatives; and
19
(c) ensuring that registered lobbyists comply with appropriate
20
standards of conduct when engaging in lobbying activities
21
with Government representatives; and
22
(d) requiring the publication of Ministerial diaries on a periodic
23
basis; and
24
(e) requiring the Australian Government Directory to include
25
entries for current and former senior Ministerial staffers; and
26
Preliminary
Part 1
Section 4
No. , 2023
Lobbying (Improving Government Honesty and Trust) Bill 2024
3
(f) restricting lobbying and inappropriate practices of Ministers
1
after ceasing to be Ministers; and
2
(g) restricting lobbying and inappropriate practices of senior
3
Government advisers after ceasing to be senior Government
4
advisers; and
5
(h) providing for the enforcement of this Act, including through
6
the imposition of appropriate penalties.
7
4 Simplified outline of this Act
8
This Act establishes a scheme to promote and enhance
9
transparency, integrity and honesty in dealings between lobbyists
10
and Government representatives.
11
Lobbying activity
and
lobbyist
are defined in Part 2.
12
Part 3 regulates lobbying activities by:
13
(a)
prohibiting lobbying activity by unregistered lobbyists;
14
and
15
(b)
restricting lobbying, and inappropriate work practices,
16
by certain former Government representatives after they
17
cease to hold office; and
18
(c)
requiring registered lobbyists to comply with
19
appropriate standards of conduct when engaging in
20
lobbying activities with Government representatives;
21
and
22
(d)
imposing obligations on Government representatives
23
who are party to lobbying activities.
24
Part 4 provides for the establishment of a Register of Lobbyists and
25
sets out processes for registering lobbyists, for keeping the Register
26
up-to-date and for varying, suspending or cancelling registrations.
27
The processes for keeping the Register up-to-date include requiring
28
registered lobbyists to give quarterly returns.
29
Part 5 makes provision for the publication of Ministerial diaries on
30
a periodic basis, and for the Australian Government Directory to
31
include entries for current and former senior Ministerial staffers.
32
Part 1
Preliminary
Section 5
4
Lobbying (Improving Government Honesty and Trust) Bill 2024
No. , 2023
Part 6 provides for alleged contraventions of the Act to be referred
1
to the National Anti-Corruption Commissioner and for the
2
investigation of alleged contraventions by the National
3
Anti-Corruption Commissioner.
4
Part 7 makes provision for a review of the operation of the Act and
5
deals with other miscellaneous matters.
6
5 Crown to be bound
7
(1) This Act binds the Crown in each of its capacities.
8
(2) This Act does not make the Crown liable to a pecuniary penalty or
9
to be prosecuted for an offence.
10
6 Application
11
(1) This Act applies both within and outside Australia and extends to
12
the external Territories.
13
(2) This Act applies in relation to lobbying activities engaged in on or
14
after the commencement of this Act.
15
(3) Nothing in this Act:
16
(a) requires a Government representative to have dealings with:
17
(i) a particular lobbyist; or
18
(ii) lobbyists in general; or
19
(b) limits communication by a person (whether personally or
20
through a lobbyist) with a Government representative if a law
21
requires a Government representative to take account of the
22
views advanced by the person.
23
7 Extended geographical jurisdiction for offences
24
Section 15.1 (extended geographical jurisdiction--category A) of
25
the
Criminal Code
applies to all offences against this Act.
26
Definitions
Part 2
Section 8
No. , 2023
Lobbying (Improving Government Honesty and Trust) Bill 2024
5
Part 2--Definitions
1
2
8 Definitions
3
In this Act:
4
ABN
(short for
Australian Business Number
) has the meaning
5
given by the
A New Tax System (Australian Business Number) Act
6
1999
.
7
Agency Head
has the same meaning as in the
Public Service Act
8
1999
.
9
approved form
means a form approved in writing by the
10
Commissioner for the purposes of the provision in which the
11
expression appears.
12
Commissioner
means the National Anti-Corruption Commissioner.
13
Commonwealth entity
has the same meaning as in the
Public
14
Governance, Performance and Accountability Act 2013
.
15
communicating
with a Government representative includes oral,
16
written and electronic communications.
17
engage in conduct
means:
18
(a) do an act; or
19
(b) omit to perform an act.
20
entity
:
21
(a) means a natural person, a body corporate, a partnership or a
22
trust; and
23
(b) includes, in the case of a trust, the trustee of the trust.
24
Government decision-making
includes the making of decisions in
25
relation to any of the following:
26
(a) the proposing, making or amending of legislation;
27
(b) the proposing, developing or amending of an Australian
28
government policy or program;
29
(c) the awarding of an Australian government contract;
30
Part 2
Definitions
Section 8
6
Lobbying (Improving Government Honesty and Trust) Bill 2024
No. , 2023
(d) the granting or allocating of funding.
1
Note:
Paragraph (a) covers both primary and delegated legislation.
2
Government representative
means any of the following:
3
(a) a parliamentarian;
4
(b) a person employed or engaged by a parliamentarian under the
5
Members of Parliament (Staff) Act 1984
;
6
(c) an Agency Head or a person employed under the
Public
7
Service Act 1999
;
8
(d) a person engaged as a contractor or consultant by a
9
Commonwealth entity;
10
(e) a member of the Australian Defence Force.
11
in-house lobbyist
: see subsection 10(3).
12
listed person
: see subparagraph 16(1)(b)(iii).
13
lobbying activity
: see section 9.
14
lobbyist
: see section 10.
15
officer
has the same meaning as in the
Corporations Act 2001
.
16
parliamentarian
has the same meaning as in the
National
17
Anti-Corruption Commission Act 2022
.
18
professional lobbyist
: see subsection 10(2).
19
quarter
means a period of 3 months ending on 31 March, 30 June,
20
30 September or 31 December.
21
Register
means the Register of Lobbyists established under
22
section 15.
23
registered lobbyist
means a lobbyist that is included in the
24
Register.
25
rules
means the rules made under section 33.
26
senior Government adviser
means a person who is:
27
(a) a senior Ministerial staffer of a Minister; or
28
(b) an Agency Head; or
29
Definitions
Part 2
Section 9
No. , 2023
Lobbying (Improving Government Honesty and Trust) Bill 2024
7
(c) an SES employee (or equivalent) of a Commonwealth entity;
1
or
2
(d) a member of the Australian Defence Force with the rank of
3
Colonel (or equivalent) or higher.
4
Note:
SES employee
is defined in the
Acts Interpretation Act 1901
.
5
senior Ministerial staffer
, of a Minister, means a person who:
6
(a) is employed or engaged by the Minister under the
Members
7
of Parliament (Staff) Act 1984
; and
8
(b) is classified as a member of senior staff.
9
Note:
Attachment A of the
Commonwealth Members of Parliament Staff
10
Enterprise Agreement 2024-27
sets out the classification structure for
11
these senior staff. In 2024, this agreement could be viewed on the
12
website of the department administered by the Minister for Finance
13
(http://www.finance.gov.au).
14
serious contravention
means a contravention of:
15
(a) section 11 (lobbying activity by unregistered lobbyists
16
prohibited); or
17
(b) section 13 (conduct of lobbying activities).
18
third-party client
, of a professional lobbyist, means a person or
19
body that has engaged the lobbyist to make representations to
20
Government representatives.
21
9 Meaning of lobbying activity
22
(1)
Lobbying activity
means any activity undertaken with, or in
23
relation to, a Government representative for the purpose of
24
influencing Government decision-making.
25
Note 1:
Organising a meeting with a Government representative could be a
26
lobbying activity.
27
Note 2:
This subsection covers activities to influence current or future
28
Government decision-making.
29
(2) Despite subsection (1), none of the following is a
lobbying activity
:
30
(a) communicating with a committee of the Parliament;
31
(b) a communication by a person in the person's capacity as a
32
constituent;
33
Part 2
Definitions
Section 10
8
Lobbying (Improving Government Honesty and Trust) Bill 2024
No. , 2023
(c) communicating as part of an activity of a grassroots
1
campaign nature in an attempt to influence an Australian
2
government policy or decision;
3
(d) responding to:
4
(i) a call for submissions; or
5
(ii) a request for tender;
6
(e) making a statement in a public forum;
7
(f) providing information in response to a request from a
8
Government representative;
9
(g) communicating about a personal matter on behalf of:
10
(i) the person making the communication; or
11
(ii) a friend or relative of that person;
12
(h) communications by a person who is registered under an
13
Australian government scheme regulating the activities of
14
members of that profession (such as registered tax agents,
15
customs brokers, company auditors and liquidators), to the
16
extent that the communications are:
17
(i) part of the normal day to day work of people in that
18
profession; and
19
(ii) not for the purpose of influencing Government decision
20
making;
21
(i) any activity prescribed by the rules.
22
10 Meaning of lobbyist
23
(1) A person is a
lobbyist
if the person is:
24
(a) a professional lobbyist; or
25
(b) an in-house lobbyist of an entity.
26
(2) A person is a
professional lobbyist
if:
27
(a) the person undertakes lobbying activities on behalf of a
28
third-party client; or
29
(b) the person employs or engages another person to undertake
30
lobbying activities on behalf of a third-party client.
31
(3) A person is an
in-house lobbyist
of an entity if:
32
(a) subsection (4) applies to the entity; and
33
Definitions
Part 2
Section 10
No. , 2023
Lobbying (Improving Government Honesty and Trust) Bill 2024
9
(b) the person is an officer, employee or contractor of the entity;
1
and
2
(c) the person has spent at least 8 hours in a calendar month
3
undertaking or directing lobbying activities for the entity for
4
at least 3 calendar months:
5
(i) in the current financial year; or
6
(ii) in any of the last 3 financial years.
7
(4) This subsection applies to the entity if the entity:
8
(a) incurs expenditure of at least $100,000:
9
(i) for the current financial year; or
10
(ii) for any of the last 3 financial years;
11
on remuneration for officers, employees or contractors who,
12
as a significant part of their role for the entity, undertake or
13
direct lobbying activities for the entity; or
14
(b) has an annual revenue of at least $5 million for the current
15
financial or for any of the last 3 financial years; or
16
(c) is an industry association.
17
(5) However, none of the following is a
lobbyist
:
18
(a) a member of a trade delegation visiting Australia;
19
(b) a person who provides technical or professional services:
20
(i) as a member of a technical or professional occupation
21
(such as medicine, law or accountancy); and
22
(ii) to the extent that the undertaking of lobbying activities
23
by that person is occasional only and incidental to the
24
provision of the technical or professional services;
25
(c) a person prescribed by the rules.
26
Part 3
Regulation of lobbying activities and related practices
Section 11
10
Lobbying (Improving Government Honesty and Trust) Bill 2024
No. , 2023
Part 3--Regulation of lobbying activities and
1
related practices
2
3
11 Lobbying activity by unregistered lobbyists prohibited
4
A person commits an offence if:
5
(a) the person undertakes lobbying activities with, or in relation
6
to, a Government representative; and
7
(b) the person is:
8
(i) a professional lobbyist; or
9
(ii) an officer of a professional lobbyist; or
10
(iii) employed, contracted or engaged by a professional
11
lobbyist to conduct lobbying activities; or
12
(iv) an in-house lobbyist of an entity; and
13
(c) the person is not:
14
(i) a registered lobbyist; or
15
(ii) a listed person for a registered lobbyist.
16
Penalty: 100 penalty units.
17
12 Certain former Government representatives must not engage in
18
lobbying activities or related practices
19
(1) A person commits an offence if, after ceasing to hold office as a
20
Minister:
21
(a) the person does either of the following during the next 3
22
years for the person's financial or commercial advantage:
23
(i) undertake lobbying activities with a Government
24
representative relating to a matter that the person had
25
official dealings with in the person's last 3 years of
26
holding that office;
27
(ii) provide advice or information to assist a person
28
engaging in a lobbying activity on an aspect of the work
29
of a department or agency for which the person had
30
ministerial responsibility in the person's last 3 years of
31
holding that office; or
32
Regulation of lobbying activities and related practices
Part 3
Section 12
No. , 2023
Lobbying (Improving Government Honesty and Trust) Bill 2024
11
(b) the person provides advice or information:
1
(i) on an aspect of a project, contract or commercial
2
arrangement for which the person had ministerial
3
responsibility in the person's last 3 years of holding that
4
office; and
5
(ii) for the person's financial or commercial advantage.
6
Note:
A Parliamentary Secretary is a Minister (see section 4 of the
Ministers
7
of State Act 1952
).
8
Penalty: 100 penalty units.
9
(2) A person commits an offence if, after ceasing to hold office as a
10
senior Government adviser:
11
(a) the person does either of the following during the next 3
12
years for the person's financial or commercial advantage:
13
(i) undertake lobbying activities with a Government
14
representative relating to a matter that the person had
15
official dealings with in the person's last 3 years of
16
holding that office;
17
(ii) provide advice or information to assist a person
18
engaging in a lobbying activity on an aspect of the work
19
of a department or agency for which the person had
20
official dealings with in the person's last 3 years of
21
holding that office; or
22
(b) the person provides advice or information:
23
(i) on an aspect of a project, contract or commercial
24
arrangement for which the person had official dealings
25
with in the person's last 3 years of holding that office;
26
and
27
(ii) for the person's financial or commercial advantage.
28
Penalty: 100 penalty units.
29
Part 3
Regulation of lobbying activities and related practices
Section 13
12
Lobbying (Improving Government Honesty and Trust) Bill 2024
No. , 2023
13 Obligations of registered lobbyists and listed persons
1
Principles when undertaking lobbying activities
2
(1) In undertaking lobbying activities with, or in relation to, a
3
Government representative, a registered lobbyist or listed person
4
must observe the following principles:
5
(a) the lobbyist or person must not engage in conduct that is
6
corrupt, dishonest or illegal;
7
(b) the lobbyist or person must not engage in conduct that
8
unlawfully causes or threatens detriment to another person;
9
(c) the lobbyist or person must use all reasonable endeavours to
10
satisfy themselves of the truth and accuracy of all statements
11
and information provided by them to:
12
(i) their clients; or
13
(ii) members of the public; or
14
(iii) Government representatives;
15
(d) the lobbyist or person must keep their lobbying activities
16
separate from any activities the lobbyist or person engages in
17
in a personal capacity or on behalf of a political party;
18
(e) before engaging in the lobbying activities, the lobbyist or
19
person must inform the Government representative:
20
(i) that the person is a registered lobbyist or a listed person
21
for a registered lobbyist; and
22
(ii) of the names of each client on behalf of whom the
23
person is engaging in the lobbying activities (including
24
the name of any third-party client that is not included in
25
the Register because of subsection 16(2)); and
26
(iii) the nature of the matters that each such client wishes
27
them to raise with the Government representative; and
28
(iv) if the lobbyist or person is prohibited from engaging in
29
certain lobbying activities under section 12--the
30
information included in the Register in relation to the
31
lobbyist or person for the purposes of
32
paragraph 16(1)(d);
33
(f) the lobbyist or person must not provide a gift directly or
34
indirectly to the Government representative, unless the gift is
35
Regulation of lobbying activities and related practices
Part 3
Section 13
No. , 2023
Lobbying (Improving Government Honesty and Trust) Bill 2024
13
of low value and is given as a token of appreciation or as a
1
promotional item;
2
(g) the lobbyist or person must not provide hospitality directly or
3
indirectly to the Government representative, unless the
4
hospitality is of low value and is for consumption during an
5
in-person gathering;
6
(h) any other principle prescribed by the rules.
7
Note:
Paragraph (f) and (g) include providing a gift or hospitality to a
8
Government representative for the purposes of influencing future
9
Government decision-making (see subsection 9(1))
10
No lobbying activities with a Government representative if in a
11
close relationship
12
(2) A registered lobbyist or listed person must not undertake lobbying
13
activities with, or in relation to, a Government representative if the
14
Government representative would reasonably be seen to have:
15
(a) a close relationship with the lobbyist or person; and
16
(b) a sense of obligation towards the lobbyist or person because
17
of that close relationship.
18
No lobbying activities if performing a substantial role in an
19
election campaign for a political party
20
(3) An in-house lobbyist or a listed person must not, during the period:
21
(a) starting when the writs are issued for a general election
22
(within the meaning of the
Commonwealth Electoral Act
23
1918
) or for the election of a member of the House of
24
Representatives; and
25
(b) ending 6 months after the day of that election;
26
perform a substantial role in the election campaign of a political
27
party (within the meaning of that Act).
28
Note 1:
A substantial role includes, for example, an election campaign
29
manager or a senior role in the party's headquarters.
30
Note 2:
If the in-house lobbyist or listed person wishes to perform such a role,
31
the Commissioner should be requested to vary, suspend or cancel the
32
relevant registration beforehand (see subsection 22(6)).
33
Part 3
Regulation of lobbying activities and related practices
Section 14
14
Lobbying (Improving Government Honesty and Trust) Bill 2024
No. , 2023
Offence
1
(4) A person commits an offence if the person contravenes
2
subsection (1), (2) or (3).
3
Penalty: 100 penalty units.
4
14 Obligations of Government representatives
5
(1) A Government representative must not be a party to lobbying
6
activities with a person who is:
7
(a) a professional lobbyist; or
8
(b) an officer of a professional lobbyist; or
9
(c) employed, contracted or engaged by a professional lobbyist
10
to conduct lobbying activities; or
11
(d) an in-house lobbyist of an entity;
12
unless:
13
(e) the person is a registered lobbyist or listed person for a
14
registered lobbyist; and
15
(f) the person has informed the Government representative:
16
(i) that the person is a registered lobbyist or a listed person
17
for a registered lobbyist; and
18
(ii) of the names of each client on behalf of whom the
19
person is engaging in the lobbying activities (including
20
the name of any third-party client that is not included in
21
the Register because of subsection 16(2)).
22
(2) If a Government representative becomes aware of a contravention
23
of a provision of this Act, the Government representative must
24
refer the matter to the Commissioner under section 25 as soon as
25
practicable and within 7 days.
26
Registration
Part 4
Register of Lobbyists
Division 1
Section 15
No. , 2023
Lobbying (Improving Government Honesty and Trust) Bill 2024
15
Part 4--Registration
1
Division 1--Register of Lobbyists
2
15 Establishment of Register
3
(1) The Commissioner must establish and maintain a Register of
4
Lobbyists.
5
(2) The Register must be kept by electronic means.
6
(3) The Register is not a legislative instrument.
7
(4) The Register must be published on the website of the Department
8
administered by the Attorney-General.
9
16 Information to be included in the Register
10
(1) The Register must contain, for each registered lobbyist, the
11
following information:
12
(a) the lobbyist's name;
13
(b) if the lobbyist is a professional lobbyist--the following:
14
(i) the lobbyist's business registration particulars;
15
(ii) the name of each owner of the lobbyist's business and
16
any partners or major shareholders in the business;
17
(iii) the name and position of each person (a
listed person
)
18
who is an officer of the lobbyist, or who is employed,
19
contracted or engaged by the lobbyist to conduct
20
lobbying activities;
21
(c) if the lobbyist is an in-house lobbyist of an entity--the
22
entity's name;
23
(d) if the lobbyist, or a listed person, is a former Government
24
representative--the following:
25
(i) a statement that the lobbyist or listed person is a former
26
Government representative;
27
(ii) the date the person became a former Government
28
representative;
29
Part 4
Registration
Division 1
Register of Lobbyists
Section 17
16
Lobbying (Improving Government Honesty and Trust) Bill 2024
No. , 2023
(iii) the title of the most recent position the person held as a
1
Government representative;
2
(e) subject to subsection (2), the information included in each
3
quarterly return given under section 17 by the lobbyist;
4
(f) any other information that the Commissioner considers
5
appropriate to include in the Register.
6
(2) The Register must not include any information about a third-party
7
client of a professional lobbyist if the lobbyist has notified the
8
Commissioner, in writing:
9
(a) that including information about the third-party client in the
10
Register would, or could, reasonably be expected to result in
11
speculation about a pending transaction involving the
12
third-party client; and
13
(b) that the transaction has not previously been disclosed by the
14
third-party client in accordance with its continuous disclosure
15
obligations under Chapter 6CA of the
Corporations Act
16
2001
; and
17
(c) of the date when it would reasonably be expected that the
18
information about the third-party client can be included in the
19
Register.
20
Note:
A lobbyist who has given the Commissioner a notice for the purposes
21
of this subsection is required to notify the Commissioner of any
22
change to the information included in the notice within 10 business
23
days after the change occurs (see section 20).
24
17 Information from quarterly returns to be included in the Register
25
(1) A registered lobbyist must give the Commissioner a return by the
26
end of the fifth business day after the end of each quarter that ends
27
after the day the lobbyist is registered.
28
Note:
A failure to give the return may result in the suspension or
29
cancellation of the lobbyist's registration (see paragraph 22(1)(a)).
30
(2) The return must state the number of lobbying activities undertaken,
31
or directed, during the quarter by:
32
(a) the lobbyist; or
33
(b) a listed person for the lobbyist.
34
Registration
Part 4
Register of Lobbyists
Division 1
Section 17
No. , 2023
Lobbying (Improving Government Honesty and Trust) Bill 2024
17
(3) For each of these lobbying activities, the return must include:
1
(a) the topic of the activity and the desired outcome; and
2
(b) the name of each Government representative the activity was
3
with or relates to; and
4
(c) the form of any communication with a Government
5
representative as part of the activity; and
6
(d) the day or days the activity happened; and
7
(e) the names of the persons directing and undertaking the
8
activity.
9
(4) If the lobbyist is a professional lobbyist, the return must also
10
include the following for each of these lobbying activities:
11
(a) the name of each listed person involved in the activity;
12
(b) the name, ABN and address of the lobbyist's third party
13
client for whom the activity was undertaken;
14
(c) if the third party client is a body corporate--the name, ABN
15
and address of each related body corporate (within the
16
meaning of the
Corporations Act 2001
) of the client;
17
(d) the name, ABN (if any) and address of any entity who
18
controls (within the meaning of section 50AA of the
19
Corporations Act 2001
) the third party client.
20
Part 4
Registration
Division 2
Registration process
Section 18
18
Lobbying (Improving Government Honesty and Trust) Bill 2024
No. , 2023
Division 2--Registration process
1
18 Application for registration
2
(1) A lobbyist may apply to the Commissioner for registration as a
3
registered lobbyist.
4
(2) An application must be in the approved form.
5
(3) An application must be accompanied by a statutory declaration:
6
(a) that is made by the lobbyist and each proposed listed person
7
for the lobbyist; and
8
(b) that is to the effect that the lobbyist or listed person (as the
9
case may be):
10
(i) has never been sentenced to a term of imprisonment of
11
30 months or more, or to a fine of 180 penalty units or
12
more; and
13
(ii) has not been convicted, in the last 10 years, of an
14
offence, one element of which involves dishonesty, such
15
as theft or fraud; and
16
(iii) is not a member of a State or federal political party
17
executive, State executive or administrative committee
18
(or an equivalent body); and
19
(c) that:
20
(i) is to the effect that the lobbyist or listed person (as the
21
case may be) has not previously committed a serious
22
contravention of this Act; or
23
(ii) if the lobbyist or listed person has committed such a
24
contravention--includes the details of each such
25
contravention.
26
(4) Despite subsection (3), if the Commissioner is satisfied that
27
exceptional circumstances exist that make it impracticable for the
28
information mentioned in that subsection to be given in a statutory
29
declaration, the Commissioner may agree to the information being
30
given in another form.
31
Registration
Part 4
Registration process
Division 2
Section 19
No. , 2023
Lobbying (Improving Government Honesty and Trust) Bill 2024
19
19 Registration
1
(1) Subject to this section, the Commissioner must register a lobbyist
2
if the lobbyist has made an application in accordance with
3
section 18.
4
(2) If the Commissioner is satisfied that a lobbyist or a proposed listed
5
person has, at any time, committed a serious contravention of this
6
Act, the Commissioner may decide not to register the lobbyist for a
7
period of up to 12 months.
8
(3) The Commissioner must not refuse to register a lobbyist under
9
subsection (2) unless the Commissioner has given the lobbyist a
10
written notice that:
11
(a) states the reasons why the Commissioner is proposing to
12
refuse to register the lobbyist; and
13
(b) requests the lobbyist to give the Commissioner, within the
14
period specified in the notice, a written statement showing
15
cause why the Commissioner should not refuse to register the
16
lobbyist.
17
(4) The Minister may, in writing, direct the Commissioner to refuse to
18
register a lobbyist.
19
(5) If the Commissioner is given a direction under subsection (4), the
20
Commissioner must refuse to register the lobbyist.
21
(6) The Minister must not give a direction under subsection (4) unless
22
the Minister has given the lobbyist a written notice that:
23
(a) states the reasons why the Minister is proposing to give the
24
direction; and
25
(b) requests the lobbyist to give the Minister, within the period
26
specified in the notice, a written statement showing cause
27
why the direction should not be given.
28
Part 4
Registration
Division 3
Updating the Register
Section 20
20
Lobbying (Improving Government Honesty and Trust) Bill 2024
No. , 2023
Division 3--Updating the Register
1
20 Notification of changes to registration details
2
(1) A person must give a written notice to the Commissioner under
3
this section if:
4
(a) the person is a registered lobbyist; and
5
(b) there is a change in any of the following:
6
(i) the information contained in the Register in respect of
7
the person;
8
(ii) the information included in the original application for
9
registration under section 18;
10
(iii) if the person has given the Commissioner a notice for
11
the purposes of subsection 16(2)--the information
12
included in that notice;
13
(iv) the information included in a statutory declaration made
14
for the purposes of subsection 18(3) or 21(2).
15
(2) The notice:
16
(a) must be given within 10 business days after the change
17
occurs; and
18
(b) must meet any requirements set out in the rules.
19
Note:
A failure to give the notice may result in the suspension or
20
cancellation of the lobbyist's registration (see paragraph 22(1)(a)).
21
(3) A person commits an offence if:
22
(a) the person is required to give a notice in accordance with this
23
section; and
24
(b) the person fails to do so.
25
Penalty: 30 penalty units.
26
21 Periodic confirmation of registration details
27
(1) Within 10 business days after:
28
(a) 1 February each year; and
29
(b) 1 July each year;
30
Registration
Part 4
Updating the Register
Division 3
Section 21
No. , 2023
Lobbying (Improving Government Honesty and Trust) Bill 2024
21
a registered lobbyist must give the Commissioner written notice
1
confirming that the information contained in the Register in respect
2
of the lobbyist is up to date.
3
(2) The notice must:
4
(a) for a notice mentioned in paragraph (1)(b)--be accompanied
5
by a new statutory declaration of the kind required to be
6
made for the purposes of subsection 18(3); and
7
(b) in any case--meet any requirements set out in the rules.
8
Note:
A failure to give the notice may result in the suspension or
9
cancellation of the lobbyist's registration (see paragraph 22(1)(a)).
10
(3) A person commits an offence if:
11
(a) the person is required to give a notice in accordance with this
12
section; and
13
(b) the person fails to do so.
14
Penalty: 30 penalty units.
15
Part 4
Registration
Division 4
Variation, suspension or cancellation of registration
Section 22
22
Lobbying (Improving Government Honesty and Trust) Bill 2024
No. , 2023
Division 4--Variation, suspension or cancellation of
1
registration
2
22 Variation, suspension or cancellation of registration
3
Variation, suspension or cancellation on the Commissioner's
4
initiative
5
(1) The Commissioner may vary, suspend or cancel a lobbyist's
6
registration if the Commissioner is satisfied that:
7
(a) the lobbyist, or a listed person for the lobbyist, has
8
contravened this Act; or
9
(b) all or some of the information included in the Register in
10
relation to the lobbyist, or a listed person for the lobbyist, is
11
incorrect; or
12
(c) the lobbyist, or a listed person for the lobbyist, fails, within a
13
reasonable period, to answer a question relating to:
14
(i) information included in the Register in relation to the
15
lobbyist or listed person; or
16
(ii) the lobbying activities engaged in by the lobbyist or
17
listed person; or
18
(d) the lobbyist, or a listed person for the lobbyist, gives
19
inaccurate information in answering a question mentioned in
20
paragraph (c).
21
Note 1:
For paragraph (a), examples of contraventions of this Act that could
22
result in the suspension or cancellation of a lobbyist's registration
23
include the following:
24
(a)
failing to give a quarterly return that includes the information
25
required by section 17;
26
(b)
failing to notify under section 20 changes to information;
27
(c)
failing to notify under section 21 that the information contained
28
in the Register is up to date.
29
Note 2:
An example of a variation of a professional lobbyist's registration
30
would be the removal from the Register of a listed person for the
31
lobbyist.
32
(2) The Commissioner must not vary, suspend or cancel a lobbyist's
33
registration under subsection (1) unless the Commissioner has
34
given the lobbyist a written notice that:
35
Registration
Part 4
Variation, suspension or cancellation of registration
Division 4
Section 22
No. , 2023
Lobbying (Improving Government Honesty and Trust) Bill 2024
23
(a) states the reasons why the Commissioner is proposing to
1
vary, suspend or cancel the registration; and
2
(b) requests the lobbyist to give the Commissioner, within the
3
period specified in the notice, a written statement showing
4
cause why the variation, suspension or cancellation should
5
not happen.
6
Variation, suspension or cancellation at direction of the Minister
7
(3) The Minister may, in writing, direct the Commissioner to vary,
8
suspend or cancel a lobbyist's registration.
9
(4) If the Commissioner is given a direction under subsection (3), the
10
Commissioner must comply with the direction.
11
(5) The Minister must not give a direction under subsection (3) unless
12
the Minister has given the lobbyist a written notice that:
13
(a) states the reasons why the Minister is proposing to give the
14
direction; and
15
(b) requests the lobbyist to give the Minister, within the period
16
specified in the notice, a written statement showing cause
17
why the Minister should not give the direction.
18
Variation, suspension or cancellation on request
19
(6) The Commissioner may vary, suspend or cancel a lobbyist's
20
registration on the lobbyist's request.
21
Note:
A professional lobbyist could, for example, request its registration to
22
be varied to suspend a person's status as a listed person for the
23
lobbyist while the person performs a substantial role in a party's
24
election campaign (see subsection 13(3)).
25
Part 5
Other transparency requirements
Section 23
24
Lobbying (Improving Government Honesty and Trust) Bill 2024
No. , 2023
Part 5--Other transparency requirements
1
2
23 Requirement to publish Ministerial diaries
3
(1) Before the end of each calendar month, a Minister must cause a
4
copy of the Minister's diary for the previous calendar month, that
5
sets out the information covered by subsection (2), to be published
6
on the website of the department administered by the
7
Attorney-General.
8
(2) The information is as follows:
9
(a) all meetings with stakeholders, external organisations and
10
lobbyists that relate to the Minister's responsibilities,
11
including:
12
(i) meetings held in person, by videoconference,
13
teleconference or telephone call; and
14
(ii) meetings attended by the Minister or by an adviser to
15
the Minister;
16
(iii) details of who attended each meeting and the key
17
matters discussed;
18
(b) all events and functions attended by the Minister that relate to
19
the Minister's responsibilities.
20
Note:
A Parliamentary Secretary is a Minister (see section 4 of the
Ministers
21
of State Act 1952
).
22
Application
23
(3) The first calendar month in relation to which a diary must be
24
published under subsection (1) is the first calendar month that
25
starts on or after the commencement of this Act.
26
24 Requirement for Australian Government Directory to include
27
entries for current and former senior Ministerial staffers
28
(1) A Minister must promptly cause the name and contact details of
29
the following persons:
30
(a) each senior Ministerial staffer of the Minister;
31
(b) each former senior Ministerial staffer of the Minister;
32
Other transparency requirements
Part 5
Section 24
No. , 2023
Lobbying (Improving Government Honesty and Trust) Bill 2024
25
to be kept in the Australian Government Directory in a way that
1
links that person's entry to the Minister's entry on the Directory.
2
(2) The entry for a former senior Ministerial staffer of the Minister
3
must:
4
(a) state that the person has ceased to be a senior Ministerial
5
staffer of the Minister, and the state the day this happened;
6
and
7
(b) be kept in the Australian Government Directory for at least 3
8
years after that day.
9
Note:
The person's contact details in the entry do not need to be kept
10
up-to-date after that day.
11
(3) In this section:
12
Australian Government Directory
includes any website of the
13
Commonwealth that replaces the website that in 2024 is known by
14
that name.
15
Note:
In 2024, this website is
16
Part 6
Enforcement
Section 25
26
Lobbying (Improving Government Honesty and Trust) Bill 2024
No. , 2023
Part 6--Enforcement
1
2
25 Referral of alleged contravention
3
(1) If a person (the
first person
) reasonably believes that another
4
person has contravened a provision of this Act, the first person may
5
refer the matter to the Commissioner.
6
(2) The Commissioner may request the referral to be:
7
(a) given in a particular way; or
8
(b) accompanied or supported by further information.
9
26 Investigations by the Commissioner
10
(1) The Commissioner may, on its own initiative or in response to a
11
referral made under section 25, investigate whether a person has
12
contravened a provision of this Act.
13
(2) If a referral made under section 25 relates to an alleged
14
commission of an offence against this Act, the Commissioner may
15
refer the matter to the Australian Federal Police.
16
(3) If the Commissioner decides to investigate whether a person has
17
contravened a provision of this Act, the
National Anti-Corruption
18
Commission Act 2022
applies in relation to the investigation as if it
19
were a corruption investigation (within the meaning of that Act).
20
Miscellaneous
Part 7
Section 27
No. , 2023
Lobbying (Improving Government Honesty and Trust) Bill 2024
27
Part 7--Miscellaneous
1
2
27 Review of decisions
3
Applications may be made to the Administrative Review Tribunal
4
for review of the following decisions under this Act:
5
(a) a decision of the Commissioner under subsection 19(2) not to
6
register a lobbyist;
7
(b) a decision of the Minister under subsection 19(4) to direct the
8
Commissioner to refuse to register a lobbyist;
9
(c) a decision of the Commissioner under subsection 22(1) to
10
vary, suspend or cancel a lobbyist's registration;
11
(d) a decision of the Minister under subsection 22(3) to direct the
12
Commissioner to vary, suspend or cancel a lobbyist's
13
registration;
14
(e) a decision of the Commissioner under subsection 22(6) to
15
refuse to vary a lobbyist's registration.
16
28 Treatment of partnerships
17
(1) This Act applies to a partnership as if it were a person, but with the
18
changes set out in this section.
19
(2) An obligation that would otherwise be imposed on the partnership
20
by this Act is imposed on each partner instead, but may be
21
discharged by any of the partners.
22
(3) An offence against this Act that is committed by a partnership is
23
taken to have been committed by each partner in the partnership, at
24
the time the offence was committed, who:
25
(a) did the relevant act or made the relevant omission; or
26
(b) aided, abetted, counselled or procured the relevant act or
27
omission; or
28
(c) was in any way knowingly concerned in, or party to, the
29
relevant act or omission (whether directly or indirectly and
30
whether by any act or omission of the partner).
31
Part 7
Miscellaneous
Section 29
28
Lobbying (Improving Government Honesty and Trust) Bill 2024
No. , 2023
29 Treatment of unincorporated associations
1
(1) This Act applies to an unincorporated association as if it were a
2
person, but with the changes set out in this section.
3
(2) An obligation that would otherwise be imposed on the association
4
by this Act is imposed on each member of the association's
5
committee of management instead, but may be discharged by any
6
of the members.
7
(3) An offence against this Act that would otherwise have been
8
committed by the unincorporated association is taken to have been
9
committed by each member of the association's committee of
10
management, at the time the offence was committed, who:
11
(a) did the relevant act or made the relevant omission; or
12
(b) aided, abetted, counselled or procured the relevant act or
13
omission; or
14
(c) was in any way knowingly concerned in, or party to, the
15
relevant act or omission (whether directly or indirectly and
16
whether by any act or omission of the member).
17
30 Annual report
18
The Commissioner, when preparing the annual report under
19
section 46 of the
Public Governance, Performance and
20
Accountability Act 2013
in relation to:
21
(a) the National Anti-Corruption Commission; and
22
(b) a period;
23
must include information in that report about the operation of this
24
Act during the period.
25
31 Review of operation of Act by an expert panel
26
(1) The Minister must cause an independent review of the operation of
27
this Act to be undertaken by an expert panel appointed in
28
accordance with section 32.
29
(2) The review must include an opportunity for members of the public
30
to make written submissions on the operation of this Act.
31
Miscellaneous
Part 7
Section 32
No. , 2023
Lobbying (Improving Government Honesty and Trust) Bill 2024
29
(3) The review must:
1
(a) commence within 3 years after the day this Act commences;
2
and
3
(b) be completed, by the expert panel giving the Minister a
4
written report of the review, within 4 years after the day this
5
Act commences.
6
(4) The Minister must cause a copy of the report of the review to be
7
laid before each House of the Parliament within 7 sittings days of
8
that House after receiving the report.
9
32 Appointment of members of the expert panel
10
(1) The Minister may, in writing, appoint 3 persons to the expert panel
11
to conduct the review of the operation of this Act. Each person
12
appointed to the panel must:
13
(a) satisfy the requirements of subsection (2); and
14
(b) be supported or nominated by the applicable parliamentary
15
committee under subsection (4).
16
(2) A person satisfies the requirements of this subsection if:
17
(a) the person has expertise or experience in one or more of the
18
following areas:
19
(i) community advocacy and engagement;
20
(ii) legal and regulatory compliance;
21
(iii) contemporary issues relating to lobbying; and
22
(b) the person is none of the following:
23
(i) a current officer of employee of a registered political
24
party (within the meaning of the
Commonwealth
25
Electoral Act 1918
);
26
(ii) a registered lobbyist or listed person;
27
(iii) a current or former parliamentarian.
28
(3) Before appointing any person under subsection (1), the Minister
29
must propose 3 persons to a parliamentary committee whose role
30
covers the kinds of matters set out in the objects of this Act.
31
(4) The parliamentary committee must notify the Minister that the
32
committee:
33
Part 7
Miscellaneous
Section 33
30
Lobbying (Improving Government Honesty and Trust) Bill 2024
No. , 2023
(a) supports or vetoes the appointments of the proposed persons;
1
and
2
(b) for each veto of an appointment of a proposed person--
3
nominates 2 alternative persons for appointment, who each
4
satisfies the requirements of subsection (2).
5
33 Rules
6
(1) The Minister may, by legislative instrument, make rules
7
prescribing matters:
8
(a) required or permitted by this Act to be prescribed by the
9
rules; or
10
(b) necessary or convenient to be prescribed for carrying out or
11
giving effect to this Act.
12
(2) To avoid doubt, the rules may not do the following:
13
(a) create an offence or civil penalty;
14
(b) provide powers of:
15
(i) arrest or detention; or
16
(ii) entry, search or seizure;
17
(c) impose a tax;
18
(d) set an amount to be appropriated from the Consolidated
19
Revenue Fund under an appropriation in this Act;
20
(e) directly amend the text of this Act.
21