integrity (lobbyists) bill 2011 - parliament of western australia
TRANSCRIPT
Microsoft Word - 0812243-1SB.docCONTENTS
Part 1 — Preliminary 1. Short title 2 2. Commencement 2 3. Terms used 2 4. Term used: lobbying 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
Integrity (Lobbyists) Bill 2011 Contents
page ii
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 1
Western Australia
LEGISLATIVE ASSEMBLY
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.
Integrity (Lobbyists) Bill 2011 Part 1 Preliminary s. 1
page 2
2. Commencement 4
This Act comes into operation as follows — 5
(a) sections 1 and 2 — on the day on which this Act 6
receives the Royal Assent; 7
(b) the rest of the Act — on a day fixed by proclamation, 8
and different days may be fixed for different provisions. 9
3. Terms used 10
(1) In this Act, unless the contrary intention appears — 11
code of conduct means a code of conduct in force under 12
section 16; 13
communicate means communicate with another person by any 15
means, including — 16
(a) by meeting in person; and 17
(b) by post, facsimile, telephone, email or any other form of 18
electronic communication; 19
Act 2001 (Commonwealth) section 57A; 21
government representative — 22
(i) a Minister; 24
(iii) a public sector employee; 26
(iv) a person (other than a public sector employee) 27
who is engaged by a public sector body under a 28
contract for services; 29
s. 3
page 3
(v) a person employed by an entity listed in the 1
PSM Act Schedule 1 column 2, if the entity is 2
prescribed by the regulations for the purposes of 3
this subparagraph; 4
(vi) a person employed by any body that is referred 5
to in subsection (3) and is prescribed by the 6
regulations for the purposes of this subparagraph; 7
(vii) the holder of any office, post or position that is 8
referred to in subsection (3) and is prescribed by 9
the regulations for the purposes of this 10
subparagraph; 11
but 12
(i) any person to whom paragraph (a)(iii) to (vii) 14
applies and who is performing functions in any 15
office, branch or post located outside Australia; 16
or 17
lobbying has the meaning given in section 4; 19
Minister means a Minister of the Crown in right of the State; 20
ministerial contractor — 21
(a) means a person (other than a ministerial officer) who is 22
employed or engaged to perform functions in the office 23
of a Minister or a Parliamentary Secretary; and 24
(b) if the person who is engaged to perform the functions is 25
not a natural person, includes the natural person who 26
actually performs the functions; 27
ministerial officer has the meaning given in the PSM Act 28
section 3(1); 29
non-Executive ministerial officer means a person appointed as 30
a ministerial officer to assist a political officer holder (as 31
defined in the PSM Act section 3(1)) other than a Minister or a 32
Parliamentary Secretary; 33
page 4
non-profit organisation means an organisation that is not 1
carried on for the purposes of profit or gain to its individual 2
members and is, by the terms of the organisation’s constitution, 3
prohibited from making any distribution, whether in money, 4
property or otherwise, to its members; 5
organisation means any incorporated body or unincorporated 6
group (however structured); 7
Parliamentary Secretary means — 8
or 11
PSM Act means the Public Sector Management Act 1994; 13
Public Sector has the meaning given in the PSM Act 14
section 3(1); 15
public sector body has the meaning given in the PSM Act 16
section 3(1); 17
public sector employee — 18
(a) means an employee as defined in the PSM Act 19
section 3(1); and 20
register means the register kept under section 10; 22
registered advocate to government means a person who is listed 23
in the register in respect of a registrant; 24
registrant means a person who is registered in the register; 25
related body corporate has the meaning given in the 26
Corporations Act 2001 (Commonwealth) section 9; 27
Integrity (Lobbyists) Bill 2011 Preliminary Part 1
s. 3
page 5
(a) means a person who — 2
(i) holds an office in the Public Sector, if the annual 3
salary attached to that office is equal to or greater 4
than the amount prescribed by the regulations for 5
the purposes of this subparagraph; or 6
(ii) holds an office prescribed for the purposes of the 7
Salaries and Allowances Act 1975 8
section 6(1)(e); or 9
(iii) holds an office in the Public Sector, or an office 10
in a class of offices in the Public Sector, if the 11
office or class of offices is prescribed by the 12
regulations for the purposes of this subparagraph; 13
or 14
(iv) is a ministerial contractor, if the person is a 15
natural person and the criteria prescribed in 16
relation to ministerial contractors by the 17
regulations for the purposes of this subparagraph 18
are met; 19
and 20
(b) includes a person who is acting in an office to which 21
paragraph (a)(i) to (iii) applies; but 22
(c) does not include — 23
(i) a non-Executive ministerial officer; or 24
(ii) a person, office or position exempted by the 25
Commissioner in accordance with the 26
regulations; 27
State government decision-making means decision-making by 28
or on behalf of the Executive Government of the State (whether 29
the decision is made by the Governor, a Minister, a 30
Parliamentary Secretary, a public sector employee, a statutory 31
officer or statutory body or any other person), including 32
Integrity (Lobbyists) Bill 2011 Part 1 Preliminary s. 3
page 6
(without limitation) the making of decisions relating to any of 1
the following — 2
(a) the development, amendment or repeal of legislation; 3
(b) the introduction of any Bill into either House of 4
Parliament, or the passage, amendment, or defeat of any 5
Bill that is before a House of Parliament; 6
(c) the development, amendment or abandonment of any 7
policy or programme; 8
(d) the making of an appointment to any body, office, post 9
or position; 10
(e) the awarding of a contract, grant or donation; 11
(f) the allocation of funding; 12
(g) the exercise of a discretionary power; 13
success fee has the meaning given in section 20. 14
(2) For the purposes of this Act, a person undertakes lobbying on 15
behalf of another person if the lobbying is undertaken for the 16
purpose of representing the interests of that other person. 17
(3) Regulations made for the purposes of paragraph (a)(vi) or (vii) 18
of the definition of government representative in subsection (1) 19
can prescribe a body or the holder of an office, post or position 20
only if — 21
under a written law; or 24
(ii) established by the Governor or a Minister; 25
or 26
(b) it is a corporation or association over which control can 27
be exercised by — 28
(ii) a public sector body; or 30
Integrity (Lobbyists) Bill 2011 Preliminary Part 1
s. 4
page 7
(iii) a body, office, post or position referred to in 1
paragraph (a); or 2
(iv) a body or the holder of an office, post or position 3
that is itself prescribed by the regulations for the 4
purposes of paragraph (a)(vi) or (vii) of that 5
definition. 6
(1) In this Act, unless the contrary intention appears — 8
lobbying means communicating with a government 9
representative for the purpose of influencing, whether directly 10
or indirectly, State government decision-making. 11
(2) For an activity to be lobbying, it is not essential that the activity 12
be undertaken for any commission, payment or other reward 13
(whether pecuniary or otherwise). 14
(3) The following are not lobbying — 15
(a) petitioning the Legislative Council or the Legislative 16
Assembly, or both Houses; 17
(b) petitioning the Governor; 18
(c) communicating with a committee of the Legislative 19
Council or the Legislative Assembly, or a joint 20
committee of both Houses; 21
(d) communicating with a person who is a Minister or a 22
Parliamentary Secretary, in that person’s capacity as a 23
member of either House of Parliament and not as a 24
member of the Executive Government of the State, in 25
relation to a matter that is not within that person’s 26
responsibilities as a Minister or a Parliamentary 27
Secretary; 28
(e) communicating as part of an activity of a grassroots 29
campaign nature in an attempt to influence State 30
government decision-making, for example, encouraging 31
letter-writing, phone-calling or emailing campaigns; 32
Integrity (Lobbyists) Bill 2011 Part 1 Preliminary s. 5
page 8
(ii) a request for tender, request for expression of 3
interest, request for a proposal or a request of a 4
similar nature; 5
(g) providing information in response to a request from a 6
government representative; 7
(h) communicating only for the purpose of making an 8
application under a written law, if the application is 9
considered and decided under that written law by a 10
government representative or the Governor; 11
(i) making a public statement; 12
(j) communicating about a personal matter on behalf of — 13
(i) the person making the communication; or 14
(ii) a friend or relative of that person; 15
(k) any activity or class of activity prescribed by the 16
regulations for the purposes of this paragraph. 17
(4) For the purposes of subsection (3)(j), a personal matter is a 18
matter that relates only to a person’s personal, family or 19
household affairs and is not related to any business or 20
commercial activity. 21
5. Purpose 22
(1) The purpose of this Act is to promote and enhance public 23
confidence in the transparency, integrity and honesty of dealings 24
between government representatives and people who undertake 25
lobbying on behalf of others. 26
(2) In order to achieve this purpose, this Act — 27
(a) provides for the registration of people who undertake 28
lobbying; and 29
s. 6
page 9
(b) provides for the issuing of a code of conduct for 1
registered persons in their dealings with government; 2
and 3
payments or other rewards that are dependent on the 5
outcome of lobbying activities. 6
6. Act binds Crown 7
This Act binds the State and, so far as the legislative power of 8
Parliament permits, the Crown in all its other capacities. 9
7. Application 10
(a) requires a government representative to have dealings 12
with — 13
or 15
or 17
or through a registered advocate to government) with a 19
government representative if the law requires a 20
government representative to take account of the views 21
advanced by the person. 22
Integrity (Lobbyists) Bill 2011 Part 2 Registration Division 1 Requirement to be registered s. 8
page 10
Division 1 — Requirement to be registered 2
8. Lobbying by unregistered persons prohibited 3
(1) A person (person A) who is in the business of lobbying must 4
not undertake lobbying on behalf of another person unless 5
person A is accredited as a registered advocate to government. 6
Penalty: a fine of $10 000. 7
(2) For the purposes of subsection (1), the following persons are in 8
the business of lobbying — 9
(a) a person whose business consists of or includes lobbying 10
on behalf of another person; 11
(b) a person who employs or engages one or more persons 12
to undertake lobbying on behalf of another person; 13
(c) a person who is employed or engaged by a person to 14
undertake lobbying on behalf of another person. 15
(3) For the purposes of subsection (2)(b) and (c), lobbying need not 16
be the only work undertaken by an employee or contractor. 17
(4) This section does not apply to any person to whom or to which 18
section 9 applies. 19
9. Certain persons not required to register 20
None of the following is required to be accredited as a 21
registered advocate to government under this Act — 22
(a) a non-profit organisation; 23
(b) an organisation constituted to represent the interests of 24
its members (for example, a trade union, an employer 25
organisation or a professional body such as a law 26
society); 27
(c) a person who is employed or engaged by an organisation 28
to which paragraph (b) applies, to the extent that the 29
Integrity (Lobbyists) Bill 2011 Registration Part 2
Register Division 2 s. 10
page 11
organisation’s members; 3
(d) a business the principal purpose of which is the carrying 4
on of a technical or professional occupation (such as 5
engineering, accountancy, town planning, medicine or 6
law) in which lobbying is occasional only and incidental 7
to the provision of the technical or professional services; 8
(e) a person who provides technical or professional services 9
as part of a business to which paragraph (d) applies, to 10
the extent that lobbying by that person is occasional 11
only and incidental to the provision of the technical or 12
professional services; 13
(f) a person who is employed by another person (the 14
employer) to undertake lobbying only for the purpose of 15
representing the interests of — 16
(i) the employer; or 17
(ii) if the employer is a corporation, a related body 18
corporate of the employer; 19
(g) a member of a trade delegation visiting the State; 20
(h) a person or body, or a member of a class of persons or 21
bodies, prescribed by the regulations for the purposes of 22
this paragraph. 23
10. Register 25
(1) The Commissioner must establish and maintain a register for the 26
purposes of this Act. 27
(2) The register records — 28
(a) information relating to — 29
(i) registrants; and 30
Integrity (Lobbyists) Bill 2011 Part 2 Registration Division 3 Registration and listing s. 11
page 12
and 2
necessary or desirable for the purposes of this Act. 4
(3) Without limiting subsection (2), the register may record 5
information relating to persons for whom registered advocates 6
to government are undertaking, or have undertaken, lobbying. 7
(4) The Commissioner may — 8
(a) keep the register in any form the Commissioner 9
considers appropriate; and 10
(b) make any changes to the register that the Commissioner 11
considers necessary or desirable to ensure that the 12
register is accurate and up-to-date. 13
11. Publication of information on register 14
(1) The Commissioner must make the information on the register 15
publicly available free of charge. 16
(2) The Commissioner may comply with subsection (1) in any way 17
the Commissioner considers appropriate. 18
Division 3 — Registration and listing 19
12. Who may be registered 20
(1) Any person may be registered under this Act. 21
(2) Subsection (1) is subject to sections 14 and 15. 22
13. Who may be listed as registered advocate to government 23
(1) Any of the following persons may be listed as a registered 24
advocate to government — 25
(a) a registrant; 26
(b) a person who is a partner in a firm that is a registrant; 27
Integrity (Lobbyists) Bill 2011 Registration Part 2
Registration and listing Division 3 s. 14
page 13
(c) a director, manager, secretary or other similar officer (by 1
whatever name called) of a registrant; 2
(d) a person who is employed, contracted or otherwise 3
engaged by a registrant to provide lobbying services. 4
(2) A person is listed as a registered advocate to government by 5
being listed in the register in respect of a registrant. 6
(3) While a person is listed as a registered advocate to government, 7
the person is to be taken to be accredited as a registered 8
advocate to government. 9
(4) Subsection (1) is subject to sections 14 and 15. 10
14. Certain persons disqualified from registration or listing 11
(1) In this section — 12
relevant office means any of the following offices or 13
positions — 14
(b) a senator for Western Australia in the Commonwealth 16
Senate; 17
Representatives for an Electoral Division in Western 19
Australia; 20
(d) a senior public sector executive; 21
(e) an office or position prescribed by the regulations for 22
the purposes of this definition. 23
(2) A person cannot be registered under this Act or listed as a 24
registered advocate to government if — 25
(a) the person holds a relevant office; or 26
(b) the person has ceased to hold a relevant office, and a 27
period of less than one year has elapsed since the date 28
on which the person ceased to hold that office. 29
Integrity (Lobbyists) Bill 2011 Part 2 Registration Division 3 Registration and listing s. 15
page 14
(3) However, even though subsection (2)(b) applies to a person, the 1
Commissioner can decide to register the person or, as the case 2
requires, list the person as a registered advocate to government. 3
15. Commissioner makes decisions on registration and listing 4
and related procedures 5
(1) The Commissioner decides all matters relating to or connected 6
with registration and listing under this Act, including (without 7
limitation) — 8
(a) whether, and the conditions (if any) on or subject to 9
which, a person is registered or listed; and 10
(b) when, and on what grounds or in what circumstances, a 11
person’s registration is to be suspended or cancelled, or 12
a person’s listing as a registered advocate to government 13
is to be removed from the register. 14
(2) The Commissioner also determines all procedures relating to or 15
connected with registration and listing. 16
Integrity (Lobbyists) Bill 2011 Code of conduct Part 3
s. 16
page 15
16. Code of conduct 2
(1) The Commissioner may issue a code of conduct for registrants 3
and registered advocates to government. 4
(2) Before issuing, amending or repealing a code of conduct, the 5
Commissioner must consult those persons whom the 6
Commissioner considers it desirable and practicable to consult. 7
17. Registrants and registered advocates to government to 8
comply with code of conduct 9
(1) Registrants and registered advocates to government must 10
comply with a code of conduct. 11
(2) No civil or criminal liability attaches to a person only because 12
the person has committed a breach of a code of conduct, but the 13
Commissioner may consider whether a breach has occurred, and 14
may take into account any breach that the Commissioner is 15
satisfied has occurred, in performing any function under 16
this Act. 17
18. Publication of code of conduct 19
The Commissioner must — 20
(a) publish a code of conduct in the Gazette; and 21
(b) make a code of conduct publicly available free of charge 22
on a website. 23
19. Application of Interpretation Act 1984 to code of conduct 24
(1) A code of conduct is subsidiary legislation for the purposes of 25
the Interpretation Act 1984. 26
(2) The Interpretation Act 1984 section 42 applies to a code of 27
conduct as if a code of conduct were regulations. 28
Integrity (Lobbyists) Bill 2011 Part 4 Success fees s. 20
page 16
20. Term used: success fee 2
In this Part — 3
success fee, in relation to a lobbying activity, means any 4
commission, payment or other reward (whether pecuniary or 5
otherwise) if the giving or receiving of all or part of the 6
commission, payment or reward depends, whether directly or 7
indirectly, on — 8
(a) the outcome of the lobbying activity; or 9
(b) the outcome of a matter about which the lobbying 10
activity is undertaken. 11
21. Agreements to receive success fees prohibited 12
(1) A registrant must not agree that the registrant, or a registered 13
advocate to government listed under that registrant, receive a 14
success fee for lobbying undertaken, on behalf of another 15
person, by a registered advocate to government who is listed 16
under that registrant. 17
(2) A registered advocate to government must not agree that the 18
registered advocate to government, or the registrant under which 19
that person is listed, receive a success fee for lobbying 20
undertaken, on behalf of another person, by the registered 21
advocate to government. 22
(3) Subsections (1) and (2) do not apply to any agreement to receive 23
any commission, payment or reward, if the commission, 24
payment or reward is agreed to be given (whether as 25
remuneration or as a bonus or otherwise) by an employer to that 26
person’s employee for work done by that employee in the 27
course of that employment. 28
(4) No civil or criminal liability attaches to a person only because 29
the person has committed a breach of the prohibition in 30
subsection (1) or (2). 31
Integrity (Lobbyists) Bill 2011 Success fees Part 4
s. 22
page 17
(5) A provision of a contract that breaches that prohibition is void 1
and unenforceable, but does not prejudice or affect the operation 2
of other provisions of the contract. 3
22. Recovery of success fee 4
(1) If a person receives a success fee under a provision of a contract 5
that breaches the prohibition in section 21(1) or (2), an amount 6
equal to the monetary value of the success fee received by the 7
person may be recovered from that person in a court of 8
competent jurisdiction at the suit of the Treasurer of the State as 9
a civil debt owing to the State. 10
(2) However, the court may decline to order the recovery of the 11
amount if it considers that it would be unfair or unjust to make 12
the order. 13
(3) For the purposes of any proceedings under this section, if the 14
success fee, or part of the success fee, that is the subject of the 15
proceedings was not a specific sum of money (whether in cash 16
or otherwise) — 17
(a) the Commissioner is to estimate the amount of the 18
monetary value of that success fee or, as the case 19
requires, that part of the success fee; and 20
(b) that estimated amount is to be taken to be the monetary 21
value of that success fee or, as the case requires, that 22
part of the success fee, unless the person who received 23
the success fee shows that the success fee or, as the case 24
requires, that part of the success fee had a different 25
monetary value. 26
Integrity (Lobbyists) Bill 2011 Part 5 Miscellaneous Division 1 Provision of information to Commissioner s. 23
page 18
23. Duty of confidentiality overridden 3
If a registrant discloses information to the Commissioner in 4
connection with the carrying out of the Commissioner’s 5
functions under this Act — 6
(a) neither the registrant nor any registered advocate to 7
government listed under that registrant incurs any civil 8
or criminal liability in respect of the disclosure; and 9
(b) the disclosure is not to be regarded as a breach, by the 10
registrant or any registered advocate to government 11
listed under that registrant, of — 12
(i) any duty of confidentiality or secrecy imposed 13
by law; or 14
or as unprofessional conduct. 16
24. Offence to supply false or misleading information 17
(1) A person must not do any of the things set out in 18
subsection (2) — 19
(a) in any application made to the Commissioner in 20
connection with — 21
(ii) listing as a registered advocate to government; 23
or 24
(b) in a response to a requirement, made under any 25
procedure determined by the Commissioner under 26
section 15, to provide information or a document to the 27
Commissioner; or 28
General Division 2 s. 25
page 19
under any procedure determined by the Commissioner 2
under section 15; or 3
(d) in any notification or information given, or document 4
produced, or representation made, to the Commissioner 5
under a code of conduct or the regulations. 6
Penalty: a fine of $10 000. 7
(2) The things to which subsection (1) applies are — 8
(a) giving information that the person knows to be false or 9
misleading in a material particular; 10
(b) failing to give information that the person knows is 11
materially relevant; 12
representation made, is, to the person’s knowledge, false 15
or misleading in a material particular. 16
Division 2 — General 17
25. Regulations 18
(1) The Governor may make regulations prescribing all matters that 19
are required or permitted by this Act to be prescribed, or are 20
necessary or convenient to be prescribed for giving effect to the 21
purposes of this Act. 22
(2) If there is an inconsistency between a code of conduct and any 23
regulations made under this Act, the regulations prevail to the 24
extent of the inconsistency. 25
Integrity (Lobbyists) Bill 2011 Part 6 Transitional s. 26
page 20
Part 6 — Transitional 1
26. Terms used 2
In this Part — 3
commencement day means the day on which this Part comes 4
into operation; 5
lobbyist profile means an entry in the WA Register of Lobbyists 6
described as a “Lobbyist Profile”; 7
WA Register of Lobbyists means the document called the 8
“Register of Lobbyists” and maintained by the Commissioner 9
immediately before the commencement day. 10
27. Persons on existing Register of Lobbyists 11
(1) On the commencement day — 12
(a) each person whose name is recorded in a lobbyist profile 13
under the heading “Company Details” immediately 14
before the commencement day is to be treated as a 15
registrant, and this Act applies accordingly; and 16
(b) each person whose name is recorded in a lobbyist profile 17
under the heading “Lobbyist Details” immediately 18
before the commencement day is to be treated as a 19
registered advocate to government listed under the 20
person whose name is recorded under the heading 21
“Company Details” in the same lobbyist profile, and this 22
Act applies accordingly. 23
(a) the Commissioner is to ensure that the information 25
recorded in the WA Register of Lobbyists in relation to 26
that person immediately before the commencement day 27
is recorded on the register as soon as practicable; and 28
(b) the recording of that information is to be taken to be 29
sufficient compliance with section 10(2). 30
Integrity (Lobbyists) Bill 2011 Transitional Part 6
s. 28
page 21
(3) The fact that subsection (1) applies to a person does not limit 1
section 15. 2
(1) In this section — 5
relevant date means the day on which section 21 comes into 6
operation. 7
(2) Section 21 applies in respect of any agreement, or any success 8
fee receivable under an agreement, in force before the relevant 9
date. 10
(3) However, section 21 does not apply in respect of — 11
(a) any success fee received before the relevant date; or 12
(b) any success fee that is receivable (whether before or 13
after the relevant date) for work carried out before the 14
relevant date; or 15
(c) the entering into, before the relevant date, of an 16
agreement to receive a success fee. 17
(4) Section 21 applies to an agreement to receive a success fee that 18
was entered into before the relevant date to the extent that the 19
agreement provides for a success fee to be received for work 20
carried out on or after the relevant date. 21
Integrity (Lobbyists) Bill 2011 Defined Terms
page 22
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...................................................................................................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 ................................................................................................ 4(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
Part 1 — Preliminary 1. Short title 2 2. Commencement 2 3. Terms used 2 4. Term used: lobbying 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
Integrity (Lobbyists) Bill 2011 Contents
page ii
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 1
Western Australia
LEGISLATIVE ASSEMBLY
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.
Integrity (Lobbyists) Bill 2011 Part 1 Preliminary s. 1
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2. Commencement 4
This Act comes into operation as follows — 5
(a) sections 1 and 2 — on the day on which this Act 6
receives the Royal Assent; 7
(b) the rest of the Act — on a day fixed by proclamation, 8
and different days may be fixed for different provisions. 9
3. Terms used 10
(1) In this Act, unless the contrary intention appears — 11
code of conduct means a code of conduct in force under 12
section 16; 13
communicate means communicate with another person by any 15
means, including — 16
(a) by meeting in person; and 17
(b) by post, facsimile, telephone, email or any other form of 18
electronic communication; 19
Act 2001 (Commonwealth) section 57A; 21
government representative — 22
(i) a Minister; 24
(iii) a public sector employee; 26
(iv) a person (other than a public sector employee) 27
who is engaged by a public sector body under a 28
contract for services; 29
s. 3
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(v) a person employed by an entity listed in the 1
PSM Act Schedule 1 column 2, if the entity is 2
prescribed by the regulations for the purposes of 3
this subparagraph; 4
(vi) a person employed by any body that is referred 5
to in subsection (3) and is prescribed by the 6
regulations for the purposes of this subparagraph; 7
(vii) the holder of any office, post or position that is 8
referred to in subsection (3) and is prescribed by 9
the regulations for the purposes of this 10
subparagraph; 11
but 12
(i) any person to whom paragraph (a)(iii) to (vii) 14
applies and who is performing functions in any 15
office, branch or post located outside Australia; 16
or 17
lobbying has the meaning given in section 4; 19
Minister means a Minister of the Crown in right of the State; 20
ministerial contractor — 21
(a) means a person (other than a ministerial officer) who is 22
employed or engaged to perform functions in the office 23
of a Minister or a Parliamentary Secretary; and 24
(b) if the person who is engaged to perform the functions is 25
not a natural person, includes the natural person who 26
actually performs the functions; 27
ministerial officer has the meaning given in the PSM Act 28
section 3(1); 29
non-Executive ministerial officer means a person appointed as 30
a ministerial officer to assist a political officer holder (as 31
defined in the PSM Act section 3(1)) other than a Minister or a 32
Parliamentary Secretary; 33
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non-profit organisation means an organisation that is not 1
carried on for the purposes of profit or gain to its individual 2
members and is, by the terms of the organisation’s constitution, 3
prohibited from making any distribution, whether in money, 4
property or otherwise, to its members; 5
organisation means any incorporated body or unincorporated 6
group (however structured); 7
Parliamentary Secretary means — 8
or 11
PSM Act means the Public Sector Management Act 1994; 13
Public Sector has the meaning given in the PSM Act 14
section 3(1); 15
public sector body has the meaning given in the PSM Act 16
section 3(1); 17
public sector employee — 18
(a) means an employee as defined in the PSM Act 19
section 3(1); and 20
register means the register kept under section 10; 22
registered advocate to government means a person who is listed 23
in the register in respect of a registrant; 24
registrant means a person who is registered in the register; 25
related body corporate has the meaning given in the 26
Corporations Act 2001 (Commonwealth) section 9; 27
Integrity (Lobbyists) Bill 2011 Preliminary Part 1
s. 3
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(a) means a person who — 2
(i) holds an office in the Public Sector, if the annual 3
salary attached to that office is equal to or greater 4
than the amount prescribed by the regulations for 5
the purposes of this subparagraph; or 6
(ii) holds an office prescribed for the purposes of the 7
Salaries and Allowances Act 1975 8
section 6(1)(e); or 9
(iii) holds an office in the Public Sector, or an office 10
in a class of offices in the Public Sector, if the 11
office or class of offices is prescribed by the 12
regulations for the purposes of this subparagraph; 13
or 14
(iv) is a ministerial contractor, if the person is a 15
natural person and the criteria prescribed in 16
relation to ministerial contractors by the 17
regulations for the purposes of this subparagraph 18
are met; 19
and 20
(b) includes a person who is acting in an office to which 21
paragraph (a)(i) to (iii) applies; but 22
(c) does not include — 23
(i) a non-Executive ministerial officer; or 24
(ii) a person, office or position exempted by the 25
Commissioner in accordance with the 26
regulations; 27
State government decision-making means decision-making by 28
or on behalf of the Executive Government of the State (whether 29
the decision is made by the Governor, a Minister, a 30
Parliamentary Secretary, a public sector employee, a statutory 31
officer or statutory body or any other person), including 32
Integrity (Lobbyists) Bill 2011 Part 1 Preliminary s. 3
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(without limitation) the making of decisions relating to any of 1
the following — 2
(a) the development, amendment or repeal of legislation; 3
(b) the introduction of any Bill into either House of 4
Parliament, or the passage, amendment, or defeat of any 5
Bill that is before a House of Parliament; 6
(c) the development, amendment or abandonment of any 7
policy or programme; 8
(d) the making of an appointment to any body, office, post 9
or position; 10
(e) the awarding of a contract, grant or donation; 11
(f) the allocation of funding; 12
(g) the exercise of a discretionary power; 13
success fee has the meaning given in section 20. 14
(2) For the purposes of this Act, a person undertakes lobbying on 15
behalf of another person if the lobbying is undertaken for the 16
purpose of representing the interests of that other person. 17
(3) Regulations made for the purposes of paragraph (a)(vi) or (vii) 18
of the definition of government representative in subsection (1) 19
can prescribe a body or the holder of an office, post or position 20
only if — 21
under a written law; or 24
(ii) established by the Governor or a Minister; 25
or 26
(b) it is a corporation or association over which control can 27
be exercised by — 28
(ii) a public sector body; or 30
Integrity (Lobbyists) Bill 2011 Preliminary Part 1
s. 4
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(iii) a body, office, post or position referred to in 1
paragraph (a); or 2
(iv) a body or the holder of an office, post or position 3
that is itself prescribed by the regulations for the 4
purposes of paragraph (a)(vi) or (vii) of that 5
definition. 6
(1) In this Act, unless the contrary intention appears — 8
lobbying means communicating with a government 9
representative for the purpose of influencing, whether directly 10
or indirectly, State government decision-making. 11
(2) For an activity to be lobbying, it is not essential that the activity 12
be undertaken for any commission, payment or other reward 13
(whether pecuniary or otherwise). 14
(3) The following are not lobbying — 15
(a) petitioning the Legislative Council or the Legislative 16
Assembly, or both Houses; 17
(b) petitioning the Governor; 18
(c) communicating with a committee of the Legislative 19
Council or the Legislative Assembly, or a joint 20
committee of both Houses; 21
(d) communicating with a person who is a Minister or a 22
Parliamentary Secretary, in that person’s capacity as a 23
member of either House of Parliament and not as a 24
member of the Executive Government of the State, in 25
relation to a matter that is not within that person’s 26
responsibilities as a Minister or a Parliamentary 27
Secretary; 28
(e) communicating as part of an activity of a grassroots 29
campaign nature in an attempt to influence State 30
government decision-making, for example, encouraging 31
letter-writing, phone-calling or emailing campaigns; 32
Integrity (Lobbyists) Bill 2011 Part 1 Preliminary s. 5
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(ii) a request for tender, request for expression of 3
interest, request for a proposal or a request of a 4
similar nature; 5
(g) providing information in response to a request from a 6
government representative; 7
(h) communicating only for the purpose of making an 8
application under a written law, if the application is 9
considered and decided under that written law by a 10
government representative or the Governor; 11
(i) making a public statement; 12
(j) communicating about a personal matter on behalf of — 13
(i) the person making the communication; or 14
(ii) a friend or relative of that person; 15
(k) any activity or class of activity prescribed by the 16
regulations for the purposes of this paragraph. 17
(4) For the purposes of subsection (3)(j), a personal matter is a 18
matter that relates only to a person’s personal, family or 19
household affairs and is not related to any business or 20
commercial activity. 21
5. Purpose 22
(1) The purpose of this Act is to promote and enhance public 23
confidence in the transparency, integrity and honesty of dealings 24
between government representatives and people who undertake 25
lobbying on behalf of others. 26
(2) In order to achieve this purpose, this Act — 27
(a) provides for the registration of people who undertake 28
lobbying; and 29
s. 6
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(b) provides for the issuing of a code of conduct for 1
registered persons in their dealings with government; 2
and 3
payments or other rewards that are dependent on the 5
outcome of lobbying activities. 6
6. Act binds Crown 7
This Act binds the State and, so far as the legislative power of 8
Parliament permits, the Crown in all its other capacities. 9
7. Application 10
(a) requires a government representative to have dealings 12
with — 13
or 15
or 17
or through a registered advocate to government) with a 19
government representative if the law requires a 20
government representative to take account of the views 21
advanced by the person. 22
Integrity (Lobbyists) Bill 2011 Part 2 Registration Division 1 Requirement to be registered s. 8
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Division 1 — Requirement to be registered 2
8. Lobbying by unregistered persons prohibited 3
(1) A person (person A) who is in the business of lobbying must 4
not undertake lobbying on behalf of another person unless 5
person A is accredited as a registered advocate to government. 6
Penalty: a fine of $10 000. 7
(2) For the purposes of subsection (1), the following persons are in 8
the business of lobbying — 9
(a) a person whose business consists of or includes lobbying 10
on behalf of another person; 11
(b) a person who employs or engages one or more persons 12
to undertake lobbying on behalf of another person; 13
(c) a person who is employed or engaged by a person to 14
undertake lobbying on behalf of another person. 15
(3) For the purposes of subsection (2)(b) and (c), lobbying need not 16
be the only work undertaken by an employee or contractor. 17
(4) This section does not apply to any person to whom or to which 18
section 9 applies. 19
9. Certain persons not required to register 20
None of the following is required to be accredited as a 21
registered advocate to government under this Act — 22
(a) a non-profit organisation; 23
(b) an organisation constituted to represent the interests of 24
its members (for example, a trade union, an employer 25
organisation or a professional body such as a law 26
society); 27
(c) a person who is employed or engaged by an organisation 28
to which paragraph (b) applies, to the extent that the 29
Integrity (Lobbyists) Bill 2011 Registration Part 2
Register Division 2 s. 10
page 11
organisation’s members; 3
(d) a business the principal purpose of which is the carrying 4
on of a technical or professional occupation (such as 5
engineering, accountancy, town planning, medicine or 6
law) in which lobbying is occasional only and incidental 7
to the provision of the technical or professional services; 8
(e) a person who provides technical or professional services 9
as part of a business to which paragraph (d) applies, to 10
the extent that lobbying by that person is occasional 11
only and incidental to the provision of the technical or 12
professional services; 13
(f) a person who is employed by another person (the 14
employer) to undertake lobbying only for the purpose of 15
representing the interests of — 16
(i) the employer; or 17
(ii) if the employer is a corporation, a related body 18
corporate of the employer; 19
(g) a member of a trade delegation visiting the State; 20
(h) a person or body, or a member of a class of persons or 21
bodies, prescribed by the regulations for the purposes of 22
this paragraph. 23
10. Register 25
(1) The Commissioner must establish and maintain a register for the 26
purposes of this Act. 27
(2) The register records — 28
(a) information relating to — 29
(i) registrants; and 30
Integrity (Lobbyists) Bill 2011 Part 2 Registration Division 3 Registration and listing s. 11
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and 2
necessary or desirable for the purposes of this Act. 4
(3) Without limiting subsection (2), the register may record 5
information relating to persons for whom registered advocates 6
to government are undertaking, or have undertaken, lobbying. 7
(4) The Commissioner may — 8
(a) keep the register in any form the Commissioner 9
considers appropriate; and 10
(b) make any changes to the register that the Commissioner 11
considers necessary or desirable to ensure that the 12
register is accurate and up-to-date. 13
11. Publication of information on register 14
(1) The Commissioner must make the information on the register 15
publicly available free of charge. 16
(2) The Commissioner may comply with subsection (1) in any way 17
the Commissioner considers appropriate. 18
Division 3 — Registration and listing 19
12. Who may be registered 20
(1) Any person may be registered under this Act. 21
(2) Subsection (1) is subject to sections 14 and 15. 22
13. Who may be listed as registered advocate to government 23
(1) Any of the following persons may be listed as a registered 24
advocate to government — 25
(a) a registrant; 26
(b) a person who is a partner in a firm that is a registrant; 27
Integrity (Lobbyists) Bill 2011 Registration Part 2
Registration and listing Division 3 s. 14
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(c) a director, manager, secretary or other similar officer (by 1
whatever name called) of a registrant; 2
(d) a person who is employed, contracted or otherwise 3
engaged by a registrant to provide lobbying services. 4
(2) A person is listed as a registered advocate to government by 5
being listed in the register in respect of a registrant. 6
(3) While a person is listed as a registered advocate to government, 7
the person is to be taken to be accredited as a registered 8
advocate to government. 9
(4) Subsection (1) is subject to sections 14 and 15. 10
14. Certain persons disqualified from registration or listing 11
(1) In this section — 12
relevant office means any of the following offices or 13
positions — 14
(b) a senator for Western Australia in the Commonwealth 16
Senate; 17
Representatives for an Electoral Division in Western 19
Australia; 20
(d) a senior public sector executive; 21
(e) an office or position prescribed by the regulations for 22
the purposes of this definition. 23
(2) A person cannot be registered under this Act or listed as a 24
registered advocate to government if — 25
(a) the person holds a relevant office; or 26
(b) the person has ceased to hold a relevant office, and a 27
period of less than one year has elapsed since the date 28
on which the person ceased to hold that office. 29
Integrity (Lobbyists) Bill 2011 Part 2 Registration Division 3 Registration and listing s. 15
page 14
(3) However, even though subsection (2)(b) applies to a person, the 1
Commissioner can decide to register the person or, as the case 2
requires, list the person as a registered advocate to government. 3
15. Commissioner makes decisions on registration and listing 4
and related procedures 5
(1) The Commissioner decides all matters relating to or connected 6
with registration and listing under this Act, including (without 7
limitation) — 8
(a) whether, and the conditions (if any) on or subject to 9
which, a person is registered or listed; and 10
(b) when, and on what grounds or in what circumstances, a 11
person’s registration is to be suspended or cancelled, or 12
a person’s listing as a registered advocate to government 13
is to be removed from the register. 14
(2) The Commissioner also determines all procedures relating to or 15
connected with registration and listing. 16
Integrity (Lobbyists) Bill 2011 Code of conduct Part 3
s. 16
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16. Code of conduct 2
(1) The Commissioner may issue a code of conduct for registrants 3
and registered advocates to government. 4
(2) Before issuing, amending or repealing a code of conduct, the 5
Commissioner must consult those persons whom the 6
Commissioner considers it desirable and practicable to consult. 7
17. Registrants and registered advocates to government to 8
comply with code of conduct 9
(1) Registrants and registered advocates to government must 10
comply with a code of conduct. 11
(2) No civil or criminal liability attaches to a person only because 12
the person has committed a breach of a code of conduct, but the 13
Commissioner may consider whether a breach has occurred, and 14
may take into account any breach that the Commissioner is 15
satisfied has occurred, in performing any function under 16
this Act. 17
18. Publication of code of conduct 19
The Commissioner must — 20
(a) publish a code of conduct in the Gazette; and 21
(b) make a code of conduct publicly available free of charge 22
on a website. 23
19. Application of Interpretation Act 1984 to code of conduct 24
(1) A code of conduct is subsidiary legislation for the purposes of 25
the Interpretation Act 1984. 26
(2) The Interpretation Act 1984 section 42 applies to a code of 27
conduct as if a code of conduct were regulations. 28
Integrity (Lobbyists) Bill 2011 Part 4 Success fees s. 20
page 16
20. Term used: success fee 2
In this Part — 3
success fee, in relation to a lobbying activity, means any 4
commission, payment or other reward (whether pecuniary or 5
otherwise) if the giving or receiving of all or part of the 6
commission, payment or reward depends, whether directly or 7
indirectly, on — 8
(a) the outcome of the lobbying activity; or 9
(b) the outcome of a matter about which the lobbying 10
activity is undertaken. 11
21. Agreements to receive success fees prohibited 12
(1) A registrant must not agree that the registrant, or a registered 13
advocate to government listed under that registrant, receive a 14
success fee for lobbying undertaken, on behalf of another 15
person, by a registered advocate to government who is listed 16
under that registrant. 17
(2) A registered advocate to government must not agree that the 18
registered advocate to government, or the registrant under which 19
that person is listed, receive a success fee for lobbying 20
undertaken, on behalf of another person, by the registered 21
advocate to government. 22
(3) Subsections (1) and (2) do not apply to any agreement to receive 23
any commission, payment or reward, if the commission, 24
payment or reward is agreed to be given (whether as 25
remuneration or as a bonus or otherwise) by an employer to that 26
person’s employee for work done by that employee in the 27
course of that employment. 28
(4) No civil or criminal liability attaches to a person only because 29
the person has committed a breach of the prohibition in 30
subsection (1) or (2). 31
Integrity (Lobbyists) Bill 2011 Success fees Part 4
s. 22
page 17
(5) A provision of a contract that breaches that prohibition is void 1
and unenforceable, but does not prejudice or affect the operation 2
of other provisions of the contract. 3
22. Recovery of success fee 4
(1) If a person receives a success fee under a provision of a contract 5
that breaches the prohibition in section 21(1) or (2), an amount 6
equal to the monetary value of the success fee received by the 7
person may be recovered from that person in a court of 8
competent jurisdiction at the suit of the Treasurer of the State as 9
a civil debt owing to the State. 10
(2) However, the court may decline to order the recovery of the 11
amount if it considers that it would be unfair or unjust to make 12
the order. 13
(3) For the purposes of any proceedings under this section, if the 14
success fee, or part of the success fee, that is the subject of the 15
proceedings was not a specific sum of money (whether in cash 16
or otherwise) — 17
(a) the Commissioner is to estimate the amount of the 18
monetary value of that success fee or, as the case 19
requires, that part of the success fee; and 20
(b) that estimated amount is to be taken to be the monetary 21
value of that success fee or, as the case requires, that 22
part of the success fee, unless the person who received 23
the success fee shows that the success fee or, as the case 24
requires, that part of the success fee had a different 25
monetary value. 26
Integrity (Lobbyists) Bill 2011 Part 5 Miscellaneous Division 1 Provision of information to Commissioner s. 23
page 18
23. Duty of confidentiality overridden 3
If a registrant discloses information to the Commissioner in 4
connection with the carrying out of the Commissioner’s 5
functions under this Act — 6
(a) neither the registrant nor any registered advocate to 7
government listed under that registrant incurs any civil 8
or criminal liability in respect of the disclosure; and 9
(b) the disclosure is not to be regarded as a breach, by the 10
registrant or any registered advocate to government 11
listed under that registrant, of — 12
(i) any duty of confidentiality or secrecy imposed 13
by law; or 14
or as unprofessional conduct. 16
24. Offence to supply false or misleading information 17
(1) A person must not do any of the things set out in 18
subsection (2) — 19
(a) in any application made to the Commissioner in 20
connection with — 21
(ii) listing as a registered advocate to government; 23
or 24
(b) in a response to a requirement, made under any 25
procedure determined by the Commissioner under 26
section 15, to provide information or a document to the 27
Commissioner; or 28
General Division 2 s. 25
page 19
under any procedure determined by the Commissioner 2
under section 15; or 3
(d) in any notification or information given, or document 4
produced, or representation made, to the Commissioner 5
under a code of conduct or the regulations. 6
Penalty: a fine of $10 000. 7
(2) The things to which subsection (1) applies are — 8
(a) giving information that the person knows to be false or 9
misleading in a material particular; 10
(b) failing to give information that the person knows is 11
materially relevant; 12
representation made, is, to the person’s knowledge, false 15
or misleading in a material particular. 16
Division 2 — General 17
25. Regulations 18
(1) The Governor may make regulations prescribing all matters that 19
are required or permitted by this Act to be prescribed, or are 20
necessary or convenient to be prescribed for giving effect to the 21
purposes of this Act. 22
(2) If there is an inconsistency between a code of conduct and any 23
regulations made under this Act, the regulations prevail to the 24
extent of the inconsistency. 25
Integrity (Lobbyists) Bill 2011 Part 6 Transitional s. 26
page 20
Part 6 — Transitional 1
26. Terms used 2
In this Part — 3
commencement day means the day on which this Part comes 4
into operation; 5
lobbyist profile means an entry in the WA Register of Lobbyists 6
described as a “Lobbyist Profile”; 7
WA Register of Lobbyists means the document called the 8
“Register of Lobbyists” and maintained by the Commissioner 9
immediately before the commencement day. 10
27. Persons on existing Register of Lobbyists 11
(1) On the commencement day — 12
(a) each person whose name is recorded in a lobbyist profile 13
under the heading “Company Details” immediately 14
before the commencement day is to be treated as a 15
registrant, and this Act applies accordingly; and 16
(b) each person whose name is recorded in a lobbyist profile 17
under the heading “Lobbyist Details” immediately 18
before the commencement day is to be treated as a 19
registered advocate to government listed under the 20
person whose name is recorded under the heading 21
“Company Details” in the same lobbyist profile, and this 22
Act applies accordingly. 23
(a) the Commissioner is to ensure that the information 25
recorded in the WA Register of Lobbyists in relation to 26
that person immediately before the commencement day 27
is recorded on the register as soon as practicable; and 28
(b) the recording of that information is to be taken to be 29
sufficient compliance with section 10(2). 30
Integrity (Lobbyists) Bill 2011 Transitional Part 6
s. 28
page 21
(3) The fact that subsection (1) applies to a person does not limit 1
section 15. 2
(1) In this section — 5
relevant date means the day on which section 21 comes into 6
operation. 7
(2) Section 21 applies in respect of any agreement, or any success 8
fee receivable under an agreement, in force before the relevant 9
date. 10
(3) However, section 21 does not apply in respect of — 11
(a) any success fee received before the relevant date; or 12
(b) any success fee that is receivable (whether before or 13
after the relevant date) for work carried out before the 14
relevant date; or 15
(c) the entering into, before the relevant date, of an 16
agreement to receive a success fee. 17
(4) Section 21 applies to an agreement to receive a success fee that 18
was entered into before the relevant date to the extent that the 19
agreement provides for a success fee to be received for work 20
carried out on or after the relevant date. 21
Integrity (Lobbyists) Bill 2011 Defined Terms
page 22
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...................................................................................................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 ................................................................................................ 4(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