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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Integrity (Lobbyists) Bill 2011
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Terms used 2
4. Term used: lobbying activity 7
5. Purpose 8
6. Act binds Crown 9
7. Application 9
Part 2 -- Registration
Division 1 -- Requirement to be registered
8. Lobbying by unregistered persons prohibited 10
9. Certain persons not required to register 10
Division 2 -- Register
10. Register 11
11. Publication of information on register 12
Division 3 -- Registration and listing
12. Who may be registered 12
13. Who may be listed as registered advocate to
government 12
14. Certain persons disqualified from registration or
listing 13
15. Commissioner makes decisions on registration and
listing and related procedures 14
Part 3 -- Code of conduct
16. Code of conduct 15
17. Registrants and registered advocates to
government to comply with code of conduct 15
243--2 page i
Integrity (Lobbyists) Bill 2011
Contents
18. Publication of code of conduct 15
19. Application of Interpretation Act 1984 to code of
conduct 15
Part 4 -- Success fees
20. Term used: success fee 16
21. Agreements to receive success fees prohibited 16
22. Recovery of success fee 17
Part 5 -- Miscellaneous
Division 1 -- Provision of information to
Commissioner
23. Duty of confidentiality overridden 18
24. Offence to supply false or misleading information 18
Division 2 -- General
25. Regulations 19
Part 6 -- Transitional
26. Terms used 20
27. Persons on existing Register of Lobbyists 20
28. Existing contracts for success fee 21
Defined Terms
page ii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail)
Integrity (Lobbyists) Bill 2011
A Bill for
An Act to promote and enhance public confidence in the
transparency, integrity and honesty of dealings between lobbyists
and government representatives by --
• providing for the registration of lobbyists; and
• providing for the issuing of a code of conduct for registered
lobbyists in their dealings with government; and
• prohibiting registered lobbyists from agreeing to receive
payments or other rewards that are dependent on the outcome of
lobbying activities,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Integrity (Lobbyists) Bill 2011
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Integrity (Lobbyists) Act 2011.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) sections 1 and 2 -- on the day on which this Act
7 receives the Royal Assent;
8 (b) the rest of the Act -- on a day fixed by proclamation,
9 and different days may be fixed for different provisions.
10 3. Terms used
11 (1) In this Act, unless the contrary intention appears --
12 code of conduct means a code of conduct in force under
13 section 16;
14 Commissioner means the Public Sector Commissioner;
15 communicate means communicate with another person by any
16 means, including --
17 (a) by meeting in person; and
18 (b) by post, facsimile, telephone, email or any other form of
19 electronic communication;
20 corporation has the meaning given in the Corporations
21 Act 2001 (Commonwealth) section 57A;
22 government representative --
23 (a) means any of the following --
24 (i) a Minister;
25 (ii) a Parliamentary Secretary;
26 (iii) a public sector employee;
27 (iv) a person (other than a public sector employee)
28 who is engaged by a public sector body under a
29 contract for services;
page 2
Integrity (Lobbyists) Bill 2011
Preliminary Part 1
s. 3
1 (v) a person employed by an entity listed in the
2 PSM Act Schedule 1 column 2, if the entity is
3 prescribed by the regulations for the purposes of
4 this subparagraph;
5 (vi) a person employed by any body that is referred
6 to in subsection (3) and is prescribed by the
7 regulations for the purposes of this subparagraph;
8 (vii) the holder of any office, post or position that is
9 referred to in subsection (3) and is prescribed by
10 the regulations for the purposes of this
11 subparagraph;
12 but
13 (b) does not include --
14 (i) any person to whom paragraph (a)(iii) to (vii)
15 applies and who is performing functions in any
16 office, branch or post located outside Australia;
17 or
18 (ii) a non-Executive ministerial officer;
19 lobbying activity has the meaning given in section 4;
20 Minister means a Minister of the Crown in right of the State;
21 ministerial contractor --
22 (a) means a person (other than a ministerial officer) who is
23 employed or engaged to perform functions in the office
24 of a Minister or a Parliamentary Secretary; and
25 (b) if the person who is engaged to perform the functions is
26 not a natural person, includes the natural person who
27 actually performs the functions;
28 ministerial officer has the meaning given in the PSM Act
29 section 3(1);
30 non-Executive ministerial officer means a person appointed as
31 a ministerial officer to assist a political office holder (as defined
32 in the PSM Act section 3(1)) other than a Minister or a
33 Parliamentary Secretary;
page 3
Integrity (Lobbyists) Bill 2011
Part 1 Preliminary
s. 3
1 non-profit organisation means an organisation that is not
2 carried on for the purposes of profit or gain to its individual
3 members and is, by the terms of the organisation's constitution,
4 prohibited from making any distribution, whether in money,
5 property or otherwise, to its members;
6 organisation means any incorporated body or unincorporated
7 group (however structured);
8 Parliamentary Secretary means --
9 (a) a Parliamentary Secretary appointed under the
10 Constitution Acts Amendment Act 1899 section 44A(1);
11 or
12 (b) the Parliamentary Secretary of the Cabinet;
13 PSM Act means the Public Sector Management Act 1994;
14 Public Sector has the meaning given in the PSM Act
15 section 3(1);
16 public sector body has the meaning given in the PSM Act
17 section 3(1);
18 public sector employee --
19 (a) means an employee as defined in the PSM Act
20 section 3(1); and
21 (b) includes a ministerial contractor;
22 register means the register kept under section 10;
23 registered advocate to government means a person who is listed
24 in the register in respect of a registrant;
25 registrant means a person who is registered in the register;
26 related body corporate has the meaning given in the
27 Corporations Act 2001 (Commonwealth) section 9;
page 4
Integrity (Lobbyists) Bill 2011
Preliminary Part 1
s. 3
1 senior public sector executive --
2 (a) means a person who --
3 (i) holds an office in the Public Sector, if the annual
4 salary attached to that office is equal to or greater
5 than the amount prescribed by the regulations for
6 the purposes of this subparagraph; or
7 (ii) holds an office prescribed for the purposes of the
8 Salaries and Allowances Act 1975
9 section 6(1)(e); or
10 (iii) holds an office in the Public Sector, or an office
11 in a class of offices in the Public Sector, if the
12 office or class of offices is prescribed by the
13 regulations for the purposes of this subparagraph;
14 or
15 (iv) is a ministerial contractor, if the person is a
16 natural person and the criteria prescribed in
17 relation to ministerial contractors by the
18 regulations for the purposes of this subparagraph
19 are met;
20 and
21 (b) includes a person who is acting in an office to which
22 paragraph (a)(i) to (iii) applies; but
23 (c) does not include --
24 (i) a non-Executive ministerial officer; or
25 (ii) a person, office or position exempted by the
26 Commissioner in accordance with the
27 regulations;
28 State government decision-making means decision-making by
29 or on behalf of the Executive Government of the State (whether
30 the decision is made by the Governor, a Minister, a
31 Parliamentary Secretary, a public sector employee, a statutory
32 officer or statutory body or any other person), including
page 5
Integrity (Lobbyists) Bill 2011
Part 1 Preliminary
s. 3
1 (without limitation) the making of decisions relating to any of
2 the following --
3 (a) the development, amendment or repeal of legislation;
4 (b) the introduction of any Bill into either House of
5 Parliament, or the passage, amendment, or defeat of any
6 Bill that is before a House of Parliament;
7 (c) the development, amendment or abandonment of any
8 policy or programme;
9 (d) the making of an appointment to any body, office, post
10 or position;
11 (e) the awarding of a contract, grant or donation;
12 (f) the allocation of funding;
13 (g) the exercise of a discretionary power;
14 success fee has the meaning given in section 20.
15 (2) For the purposes of this Act, a person undertakes lobbying on
16 behalf of another person if the lobbying is undertaken for the
17 purpose of representing the interests of that other person.
18 (3) Regulations made for the purposes of paragraph (a)(vi) or (vii)
19 of the definition of government representative in subsection (1)
20 can prescribe a body or the holder of an office, post or position
21 only if --
22 (a) the body, office, post or position is --
23 (i) established or continued for a public purpose
24 under a written law; or
25 (ii) established by the Governor or a Minister;
26 or
27 (b) it is a corporation or association over which control can
28 be exercised by --
29 (i) the State; or
30 (ii) a public sector body; or
page 6
Integrity (Lobbyists) Bill 2011
Preliminary Part 1
s. 4
1 (iii) a body, office, post or position referred to in
2 paragraph (a); or
3 (iv) a body or the holder of an office, post or position
4 that is itself prescribed by the regulations for the
5 purposes of paragraph (a)(vi) or (vii) of that
6 definition.
7 4. Term used: lobbying activity
8 (1) In this Act, unless the contrary intention appears --
9 lobbying activity means communicating with a government
10 representative for the purpose of influencing, whether directly
11 or indirectly, State government decision-making.
12 (2) For an activity to be lobbying, it is not essential that the activity
13 be undertaken for any commission, payment or other reward
14 (whether pecuniary or otherwise).
15 (3) The following are not lobbying --
16 (a) petitioning the Legislative Council or the Legislative
17 Assembly, or both Houses;
18 (b) petitioning the Governor;
19 (c) communicating with a committee of the Legislative
20 Council or the Legislative Assembly, or a joint
21 committee of both Houses;
22 (d) communicating with a person who is a Minister or a
23 Parliamentary Secretary, in that person's capacity as a
24 member of either House of Parliament and not as a
25 member of the Executive Government of the State, in
26 relation to a matter that is not within that person's
27 responsibilities as a Minister or a Parliamentary
28 Secretary;
29 (e) communicating as part of an activity of a grassroots
30 campaign nature in an attempt to influence State
31 government decision-making, for example, encouraging
32 letter-writing, phone-calling or emailing campaigns;
page 7
Integrity (Lobbyists) Bill 2011
Part 1 Preliminary
s. 5
1 (f) responding to --
2 (i) a call for submissions; or
3 (ii) a request for tender, request for expression of
4 interest, request for a proposal or a request of a
5 similar nature;
6 (g) providing information in response to a request from a
7 government representative;
8 (h) communicating only for the purpose of making an
9 application under a written law, if the application is
10 considered and decided under that written law by a
11 government representative or the Governor;
12 (i) making a public statement;
13 (j) communicating about a personal matter on behalf of --
14 (i) the person making the communication; or
15 (ii) a friend or relative of that person;
16 (k) any activity or class of activity prescribed by the
17 regulations for the purposes of this paragraph.
18 (4) Subsection (3)(e) does not apply in relation to any
19 communication by a person for any commission, payment or
20 other reward (whether pecuniary or otherwise).
21 (5) For the purposes of subsection (3)(j), a personal matter is a
22 matter that relates only to a person's personal, family or
23 household affairs and is not related to any business or
24 commercial activity.
25 5. Purpose
26 (1) The purpose of this Act is to promote and enhance public
27 confidence in the transparency, integrity and honesty of dealings
28 between government representatives and people who undertake
29 lobbying on behalf of others.
page 8
Integrity (Lobbyists) Bill 2011
Preliminary Part 1
s. 6
1 (2) In order to achieve this purpose, this Act --
2 (a) provides for the registration of people who undertake
3 lobbying; and
4 (b) provides for the issuing of a code of conduct for
5 registered persons in their dealings with government;
6 and
7 (c) prohibits registered persons from agreeing to receive
8 payments or other rewards that are dependent on the
9 outcome of lobbying activities.
10 6. Act binds Crown
11 This Act binds the State and, so far as the legislative power of
12 Parliament permits, the Crown in all its other capacities.
13 7. Application
14 Nothing in this Act --
15 (a) requires a government representative to have dealings
16 with --
17 (i) a particular registered advocate to government;
18 or
19 (ii) registered advocates to government in general;
20 or
21 (b) limits communication by a person (whether personally
22 or through a registered advocate to government) with a
23 government representative if the law requires a
24 government representative to take account of the views
25 advanced by the person.
page 9
Integrity (Lobbyists) Bill 2011
Part 2 Registration
Division 1 Requirement to be registered
s. 8
1 Part 2 -- Registration
2 Division 1 -- Requirement to be registered
3 8. Lobbying by unregistered persons prohibited
4 (1) A person (person A) who is in the business of lobbying must
5 not undertake lobbying on behalf of another person unless
6 person A is accredited as a registered advocate to government.
7 Penalty: a fine of $10 000.
8 (2) For the purposes of subsection (1), the following persons are in
9 the business of lobbying --
10 (a) a person whose business consists of or includes lobbying
11 on behalf of another person;
12 (b) a person who employs or engages one or more persons
13 to undertake lobbying on behalf of another person;
14 (c) a person who is employed or engaged by a person to
15 undertake lobbying on behalf of another person.
16 (3) For the purposes of subsection (2)(b) and (c), lobbying need not
17 be the only work undertaken by an employee or contractor.
18 (4) This section does not apply to any person to whom or to which
19 section 9 applies.
20 9. Certain persons not required to register
21 None of the following is required to be accredited as a
22 registered advocate to government under this Act --
23 (a) a non-profit organisation;
24 (b) an organisation constituted to represent the interests of
25 its members (for example, a trade union, an employer
26 organisation or a professional body such as a law
27 society);
28 (c) a person who is employed or engaged by an organisation
29 to which paragraph (b) applies, to the extent that the
page 10
Integrity (Lobbyists) Bill 2011
Registration Part 2
Register Division 2
s. 10
1 employee or contractor undertakes lobbying for the
2 purpose of representing the interests of the
3 organisation's members;
4 (d) a business the principal purpose of which is the carrying
5 on of a technical or professional occupation (such as
6 engineering, accountancy, town planning, medicine or
7 law) in which lobbying is occasional only and incidental
8 to the provision of the technical or professional services;
9 (e) a person who provides technical or professional services
10 as part of a business to which paragraph (d) applies, to
11 the extent that lobbying by that person is occasional
12 only and incidental to the provision of the technical or
13 professional services;
14 (f) a person who is employed by another person (the
15 employer) to undertake lobbying only for the purpose of
16 representing the interests of --
17 (i) the employer; or
18 (ii) if the employer is a corporation, a related body
19 corporate of the employer;
20 (g) a member of a trade delegation visiting the State;
21 (h) a person or body, or a member of a class of persons or
22 bodies, prescribed by the regulations for the purposes of
23 this paragraph.
24 Division 2 -- Register
25 10. Register
26 (1) The Commissioner must establish and maintain a register for the
27 purposes of this Act.
28 (2) The register records --
29 (a) information relating to --
30 (i) registrants; and
page 11
Integrity (Lobbyists) Bill 2011
Part 2 Registration
Division 3 Registration and listing
s. 11
1 (ii) registered advocates to government;
2 and
3 (b) any other information the Commissioner considers
4 necessary or desirable for the purposes of this Act.
5 (3) Without limiting subsection (2), the register must record
6 information relating to persons for whom registered advocates
7 to government are undertaking lobbying.
8 (4) The Commissioner may --
9 (a) keep the register in any form the Commissioner
10 considers appropriate; and
11 (b) make any changes to the register that the Commissioner
12 considers necessary or desirable to ensure that the
13 register is accurate and up-to-date.
14 11. Publication of information on register
15 (1) The Commissioner must make the information on the register
16 publicly available free of charge.
17 (2) The Commissioner may comply with subsection (1) in any way
18 the Commissioner considers appropriate.
19 Division 3 -- Registration and listing
20 12. Who may be registered
21 (1) Any person may be registered under this Act.
22 (2) Subsection (1) is subject to sections 14 and 15.
23 13. Who may be listed as registered advocate to government
24 (1) Any of the following persons may be listed as a registered
25 advocate to government --
26 (a) a registrant;
27 (b) a person who is a partner in a firm that is a registrant;
page 12
Integrity (Lobbyists) Bill 2011
Registration Part 2
Registration and listing Division 3
s. 14
1 (c) a director, manager, secretary or other similar officer (by
2 whatever name called) of a registrant;
3 (d) a person who is employed, contracted or otherwise
4 engaged by a registrant to provide lobbying services.
5 (2) A person is listed as a registered advocate to government by
6 being listed in the register in respect of a registrant.
7 (3) While a person is listed as a registered advocate to government,
8 the person is to be taken to be accredited as a registered
9 advocate to government.
10 (4) Subsection (1) is subject to sections 14 and 15.
11 14. Certain persons disqualified from registration or listing
12 (1) In this section --
13 relevant office means any of the following offices or
14 positions --
15 (a) a member of either House of Parliament;
16 (b) a senator for Western Australia in the Commonwealth
17 Senate;
18 (c) a member of the Commonwealth House of
19 Representatives for an Electoral Division in Western
20 Australia;
21 (d) a senior public sector executive;
22 (e) an office or position prescribed by the regulations for
23 the purposes of this definition.
24 (2) A person cannot be registered under this Act or listed as a
25 registered advocate to government if --
26 (a) the person holds a relevant office; or
27 (b) the person has ceased to hold a relevant office, and a
28 period of less than one year has elapsed since the date
29 on which the person ceased to hold that office.
page 13
Integrity (Lobbyists) Bill 2011
Part 2 Registration
Division 3 Registration and listing
s. 15
1 (3) However, even though subsection (2)(b) applies to a person, the
2 Commissioner can decide to register the person or, as the case
3 requires, list the person as a registered advocate to government.
4 15. Commissioner makes decisions on registration and listing
5 and related procedures
6 (1) The Commissioner decides all matters relating to or connected
7 with registration and listing under this Act, including (without
8 limitation) --
9 (a) whether, and the conditions (if any) on or subject to
10 which, a person is registered or listed; and
11 (b) when, and on what grounds or in what circumstances, a
12 person's registration is to be suspended or cancelled, or
13 a person's listing as a registered advocate to government
14 is to be removed from the register.
15 (2) The Commissioner also determines all procedures relating to or
16 connected with registration and listing.
page 14
Integrity (Lobbyists) Bill 2011
Code of conduct Part 3
s. 16
1 Part 3 -- Code of conduct
2 16. Code of conduct
3 (1) The Commissioner may issue a code of conduct for registrants
4 and registered advocates to government.
5 (2) Before issuing, amending or repealing a code of conduct, the
6 Commissioner must consult those persons whom the
7 Commissioner considers it desirable and practicable to consult.
8 17. Registrants and registered advocates to government to
9 comply with code of conduct
10 (1) Registrants and registered advocates to government must
11 comply with a code of conduct.
12 (2) No civil or criminal liability attaches to a person only because
13 the person has committed a breach of a code of conduct, but the
14 Commissioner may consider whether a breach has occurred, and
15 may take into account any breach that the Commissioner is
16 satisfied has occurred, in performing any function under
17 this Act.
18 (3) Subsection (2) is subject to section 24.
19 18. Publication of code of conduct
20 The Commissioner must --
21 (a) publish a code of conduct in the Gazette; and
22 (b) make a code of conduct publicly available free of
23 charge.
24 19. Application of Interpretation Act 1984 to code of conduct
25 (1) A code of conduct is subsidiary legislation for the purposes of
26 the Interpretation Act 1984.
27 (2) The Interpretation Act 1984 section 42 applies to a code of
28 conduct as if a code of conduct were regulations.
page 15
Integrity (Lobbyists) Bill 2011
Part 4 Success fees
s. 20
1 Part 4 -- Success fees
2 20. Term used: success fee
3 In this Part --
4 success fee, in relation to a lobbying activity, means any
5 commission, payment or other reward (whether pecuniary or
6 otherwise) if the giving or receiving of all or part of the
7 commission, payment or reward depends, whether directly or
8 indirectly, on --
9 (a) the outcome of the lobbying activity; or
10 (b) the outcome of a matter about which the lobbying
11 activity is undertaken.
12 21. Agreements to receive success fees prohibited
13 (1) A registrant must not agree that the registrant, or a registered
14 advocate to government listed under that registrant, receive a
15 success fee for lobbying undertaken, on behalf of another
16 person, by a registered advocate to government who is listed
17 under that registrant.
18 (2) A registered advocate to government must not agree that the
19 registered advocate to government, or the registrant under which
20 that person is listed, receive a success fee for lobbying
21 undertaken, on behalf of another person, by the registered
22 advocate to government.
23 (3) Subsections (1) and (2) do not apply to any agreement to receive
24 any commission, payment or reward, if the commission,
25 payment or reward is agreed to be given (whether as
26 remuneration or as a bonus or otherwise) by an employer to that
27 person's employee for work done by that employee in the
28 course of that employment.
29 (4) No civil or criminal liability attaches to a person only because
30 the person has committed a breach of the prohibition in
31 subsection (1) or (2).
page 16
Integrity (Lobbyists) Bill 2011
Success fees Part 4
s. 22
1 (5) A provision of a contract that breaches that prohibition is void
2 and unenforceable, but does not prejudice or affect the operation
3 of other provisions of the contract.
4 22. Recovery of success fee
5 (1) If a person receives a success fee under a provision of a contract
6 that breaches the prohibition in section 21(1) or (2), an amount
7 equal to the monetary value of the success fee received by the
8 person may be recovered from that person in a court of
9 competent jurisdiction at the suit of the Treasurer of the State as
10 a civil debt owing to the State.
11 (2) However, the court may decline to order the recovery of the
12 amount if it considers that it would be unfair or unjust to make
13 the order.
14 (3) For the purposes of any proceedings under this section, if the
15 success fee, or part of the success fee, that is the subject of the
16 proceedings was not a specific sum of money (whether in cash
17 or otherwise) --
18 (a) the Commissioner is to estimate the amount of the
19 monetary value of that success fee or, as the case
20 requires, that part of the success fee; and
21 (b) that estimated amount is to be taken to be the monetary
22 value of that success fee or, as the case requires, that
23 part of the success fee, unless the person who received
24 the success fee shows that the success fee or, as the case
25 requires, that part of the success fee had a different
26 monetary value.
page 17
Integrity (Lobbyists) Bill 2011
Part 5 Miscellaneous
Division 1 Provision of information to Commissioner
s. 23
1 Part 5 -- Miscellaneous
2 Division 1 -- Provision of information to Commissioner
3 23. Duty of confidentiality overridden
4 If a registrant discloses information to the Commissioner in
5 connection with the carrying out of the Commissioner's
6 functions under this Act --
7 (a) neither the registrant nor any registered advocate to
8 government listed under that registrant incurs any civil
9 or criminal liability in respect of the disclosure; and
10 (b) the disclosure is not to be regarded as a breach, by the
11 registrant or any registered advocate to government
12 listed under that registrant, of --
13 (i) any duty of confidentiality or secrecy imposed
14 by law; or
15 (ii) professional ethics or standards,
16 or as unprofessional conduct.
17 24. Offence to supply false or misleading information
18 (1) A person must not do any of the things set out in
19 subsection (2) --
20 (a) in any application made to the Commissioner in
21 connection with --
22 (i) registration under this Act; or
23 (ii) listing as a registered advocate to government;
24 or
25 (b) in a response to a requirement, made under any
26 procedure determined by the Commissioner under
27 section 15, to provide information or a document to the
28 Commissioner; or
page 18
Integrity (Lobbyists) Bill 2011
Miscellaneous Part 5
General Division 2
s. 25
1 (c) in written representations made to the Commissioner
2 under any procedure determined by the Commissioner
3 under section 15; or
4 (d) in any notification or information given, or document
5 produced, or representation made, to the Commissioner
6 under a code of conduct or the regulations.
7 Penalty: a fine of $10 000.
8 (2) The things to which subsection (1) applies are --
9 (a) giving information that the person knows to be false or
10 misleading in a material particular;
11 (b) failing to give information that the person knows is
12 materially relevant;
13 (c) omitting information without which any notification or
14 information given, or any document produced, or any
15 representation made, is, to the person's knowledge, false
16 or misleading in a material particular.
17 Division 2 -- General
18 25. Regulations
19 (1) The Governor may make regulations prescribing all matters that
20 are required or permitted by this Act to be prescribed, or are
21 necessary or convenient to be prescribed for giving effect to the
22 purposes of this Act.
23 (2) If there is an inconsistency between a code of conduct and any
24 regulations made under this Act, the regulations prevail to the
25 extent of the inconsistency.
page 19
Integrity (Lobbyists) Bill 2011
Part 6 Transitional
s. 26
1 Part 6 -- Transitional
2 26. Terms used
3 In this Part --
4 commencement day means the day on which this Part comes
5 into operation;
6 lobbyist profile means an entry in the WA Register of Lobbyists
7 described as a "Lobbyist Profile";
8 WA Register of Lobbyists means the document called the
9 "Register of Lobbyists" and maintained by the Commissioner
10 immediately before the commencement day.
11 27. Persons on existing Register of Lobbyists
12 (1) On the commencement day --
13 (a) each person whose name is recorded in a lobbyist profile
14 under the heading "Company Details" immediately
15 before the commencement day is to be treated as a
16 registrant, and this Act applies accordingly; and
17 (b) each person whose name is recorded in a lobbyist profile
18 under the heading "Lobbyist Details" immediately
19 before the commencement day is to be treated as a
20 registered advocate to government listed under the
21 person whose name is recorded under the heading
22 "Company Details" in the same lobbyist profile, and this
23 Act applies accordingly.
24 (2) If subsection (1) applies to a person --
25 (a) the Commissioner is to ensure that the information
26 recorded in the WA Register of Lobbyists in relation to
27 that person immediately before the commencement day
28 is recorded on the register as soon as practicable; and
29 (b) the recording of that information is to be taken to be
30 sufficient compliance with section 10(2).
page 20
Integrity (Lobbyists) Bill 2011
Transitional Part 6
s. 28
1 (3) The fact that subsection (1) applies to a person does not limit
2 section 15.
3 (4) This section overrides section 14(2)(b).
4 28. Existing contracts for success fee
5 (1) In this section --
6 relevant date means the day on which section 21 comes into
7 operation.
8 (2) Section 21 applies in respect of any agreement, or any success
9 fee receivable under an agreement, in force before the relevant
10 date.
11 (3) However, section 21 does not apply in respect of --
12 (a) any success fee received before the relevant date; or
13 (b) any success fee that is receivable (whether before or
14 after the relevant date) for work carried out before the
15 relevant date; or
16 (c) the entering into, before the relevant date, of an
17 agreement to receive a success fee.
18 (4) Section 21 applies to an agreement to receive a success fee that
19 was entered into before the relevant date to the extent that the
20 agreement provides for a success fee to be received for work
21 carried out on or after the relevant date.
page 21
Integrity (Lobbyists) Bill 2011
Defined Terms
Defined Terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined Term Provision(s)
code of conduct................................................................................................ 3(1)
commencement day ............................................................................................26
Commissioner .................................................................................................. 3(1)
communicate.................................................................................................... 3(1)
corporation....................................................................................................... 3(1)
employer ...............................................................................................................9
government representative.......................................................................3(1), 3(3)
lobbying activity ......................................................................................3(1), 4(1)
lobbyist profile....................................................................................................26
Minister............................................................................................................ 3(1)
ministerial contractor ....................................................................................... 3(1)
ministerial officer ............................................................................................ 3(1)
non-Executive ministerial officer .................................................................... 3(1)
non-profit organisation .................................................................................... 3(1)
organisation ..................................................................................................... 3(1)
Parliamentary Secretary................................................................................... 3(1)
person A........................................................................................................... 8(1)
personal matter ................................................................................................ 5(4)
PSM Act .......................................................................................................... 3(1)
Public Sector.................................................................................................... 3(1)
public sector body............................................................................................ 3(1)
public sector employee .................................................................................... 3(1)
register ............................................................................................................. 3(1)
registered advocate to government .................................................................. 3(1)
registrant .......................................................................................................... 3(1)
related body corporate ..................................................................................... 3(1)
relevant date................................................................................................... 28(1)
relevant office ................................................................................................ 14(1)
senior public sector executive.......................................................................... 3(1)
State government decision-making ................................................................. 3(1)
success fee ................................................................................................. 3(1), 20
WA Register of Lobbyists ..................................................................................26
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