Queensland Consolidated Acts

INTEGRITY ACT 2009 - SECT 41

41 Meaning of lobbyist and third party client and related concepts

(1) A
"lobbyist" is an entity that carries out a lobbying activity for a third party client or whose employees or contractors carry out a lobbying activity for a third party client.

(2) A
"third party client" is an entity that engages another entity to provide services constituting, or including, a lobbying activity for a fee or other reward that is agreed to before the other entity provides the services.

(3) However, none of the following entities is a lobbyist—

(a) a non-profit entity;

(b) an entity constituted to represent the interests of its members;

Examples—

• an employer group

• a trade union

• a professional body, for example, the Queensland Law Society

(c) members of trade delegations visiting Queensland;

(d) an entity carrying out incidental lobbying activities;

(e) an entity carrying out a lobbying activity only for the purpose of representing the entity’s own interests.

(4) Also—

(a) an employee or contractor of, or person otherwise engaged by, an entity mentioned in subsection (3) (a) to (d) is not a lobbyist in relation to contact carried out for the entity; and

(b) an employee of an entity mentioned in subsection (3) (e) is not a lobbyist in relation to contact carried out for the entity.

(5) A
"non-profit entity" is an entity that is not carried on for the profit or gain of its individual members.

Examples of entities that may be non-profit entities—

a charity, church, club or environmental protection society

(6) An entity carries out
"incidental lobbying activities" if the entity undertakes, or carries on a business primarily intended to allow individuals to undertake, a technical or professional occupation in which lobbying activities are occasional only and incidental to the provision of professional or technical services.

Examples of entities for subsection (6)—

• an entity carrying on the business of providing architectural services as, or by using, a practising architect under the Architects Act 2002

• an entity carrying on the business of providing professional engineering services as, or by using, a registered professional engineer under the Professional Engineers Act 2002

• an entity carrying on the business of providing legal services as an Australian legal practitioner or a law practice under the Legal Profession Act 2007

• an entity carrying on the business of providing accounting services as, or by using, an accountant who holds a practising certificate issued by CPA Australia, the Institute of Chartered Accountants in Australia or the Institute of Public Accountants