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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Lobbyists (Restrictions on Lobbying) Amendment
Bill 2019
A BILL FOR
An Act to amend the
Lobbyists
Act 2015
.
Contents
Part 2—Amendment of Lobbyists
Act 2015
4Amendment of section
3—Interpretation
5Amendment of section 4—Meaning of
lobbying
6Amendment of section 10—Register of
lobbyists
7Amendment of section 13—Certain persons
must not engage in lobbying
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Lobbyists (Restrictions on Lobbying)
Amendment Act 2019.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Lobbyists
Act 2015
4—Amendment
of section 3—Interpretation
(1) Section 3—after the definition of lobbying
insert:
office bearer, of an organisation, means a director or member
of the governing body (if any) of the organisation, by whatever name called and
whether or not validly appointed to occupy or duly authorised to act in the
position, and includes any person in accordance with whose directions or
instructions the directors or members of the governing body are accustomed to
act;
office holder, within an organisation, means—
(a) an office bearer or employee of the organisation; or
(b) a volunteer who is authorised to act on behalf of the
organisation,
but does not include, in the case of an organisation that is a registered
parliamentary party, a volunteer who is only authorised to act on behalf of the
party to distribute material, or undertake other activities, for the purpose of
promoting the party or any candidate or candidates who are members of the
party;
(2) Section 3—after the definition of register
insert:
registered parliamentary party means a parliamentary party
that is registered under Part 6 of the
Electoral
Act 1985
;
5—Amendment
of section 4—Meaning of lobbying
(1) Section 4(3)—delete subsection (3) and substitute:
(2a) For the avoidance of doubt, a person who is an office holder within
an organisation and communicates with a public official on behalf of the
organisation (and not as a representative or agent of any other party) is not,
in doing so, communicating on behalf of a third party within the meaning of
subsection (1).
(3) For the purposes of subsection (1), a person will not be taken to
communicate with a public official on behalf of a third party if the third party
is a client of a designated organisation and the person, being an office holder
within the organisation, communicates with the public official in the ordinary
course of holding that office.
(2) Section 4(4)—before the definition of designated
organisation insert:
client, of a designated organisation, means a person who is
being assisted or represented by the designated organisation;
6—Amendment
of section 10—Register of lobbyists
Section 10—after subsection (4) insert:
(5) In any proceedings, an apparently genuine certificate, purporting to
be signed by the Chief Executive, containing particulars of the register is, in
the absence of proof to the contrary, proof of the particulars.
7—Amendment
of section 13—Certain persons must not engage in
lobbying
(1) Section 13(1)—after paragraph (c) insert:
and
(d) the following provisions apply in relation to an office holder within
a prescribed organisation:
(i) the person must not engage in lobbying during that period of office in
respect of matters other than those dealt with by the person in the ordinary
course of holding that office;
(ii) any registration held by the person during that period of office is,
by force of this section, for the duration of that period, subject to a
condition that the person must not engage in lobbying in respect of matters
other than those dealt with by the person in the ordinary course of holding that
office.
(2) Section 13—after subsection (3) insert:
(4) In this section—
associated entity of a registered parliamentary party has the
same meaning as in Part 13A of the
Electoral
Act 1985
;
prescribed organisation means—
(a) a registered parliamentary party, or an associated entity of a
registered parliamentary party; or
(b) an organisation, or an organisation of a kind, prescribed by
regulation.