Lobbying of Government Officials Act 2011 (NSW)

Lobbying of Government Officials Act 2011 No 5

An Act to ban success fees for lobbying Government officials; and to place other restrictions on the lobbying of Government officials.

Part 1 Preliminary

1 Name of Act This Act is the Lobbying of Government Officials Act 2011.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

2A Objects of Act The objects of this Act are to promote transparency, integrity and honesty by: (a) ensuring that lobbyists comply with ethical standards of conduct and other requirements set out in the Lobbyists Code, and (b) conferring on the Electoral Commission the function of enforcing compliance with the Lobbyists Code and the provisions of this Act, and (c) enabling the Electoral Commission to investigate alleged breaches of the Lobbyists Code, this Act and the regulation and impose sanctions, and (d) banning success fees for lobbying, and (e) restricting lobbying by former Ministers and Parliamentary Secretaries.

3 Definitions (1) In this Act: Commonwealth public official means any of the following: (a) a Minister or Parliamentary Secretary of the Commonwealth Government, (b) a staff member of a Minister or Parliamentary Secretary of the Commonwealth Government (including a staff member in an electorate office), (c) a person employed in the Commonwealth Public Service (including the head of any department, division, branch or agency of that Service), (d) an individual who is engaged under a contract to provide services to or on behalf of the Commonwealth Public Service or any other service of the Crown in right of the Commonwealth, (e) a member (however expressed) of, or of the governing body of, a statutory body established under a law of the Commonwealth. communicate includes communicate in person, in writing, by telephone or by email or other electronic means. Electoral Commission means the New South Wales Electoral Commission constituted under the Electoral Act 2017. Government official means any of the following: (a) a Minister or Parliamentary Secretary, (b) a staff member of a Minister or Parliamentary Secretary (including a staff member in an electorate office), (c) the head of a Public Service agency, (d) a person employed in the Public Service of New South Wales, the Transport Service of New South Wales or any other service of the Crown, (e) an individual who is engaged under a contract to provide services to or on behalf of the Public Service of New South Wales, the Transport Service of New South Wales or any other service of the Crown, (f) a member (however expressed) of, or of the governing body of, a statutory body, but does not include (except in Parts 5 and 6) a local government official. lobbying—see section 4. lobbyist means: (a) a third-party lobbyist, or (b) any other individual or body that lobbies Government officials (including an individual engaged to undertake lobbying for a third-party lobbyist). Lobbyists Code means the Lobbyists Code of Conduct prescribed by the regulations under Part 2. Lobbyists Register means the Register of Third-Party Lobbyists established under Part 3. Lobbyists Watch List means the Lobbyists Watch List established under Part 4. officer of a registered political party means a person who is occupying or acting in an office or position concerned with the management of a party registered under Part 6 of the Electoral Act 2017. planning application means an application or request by a person (other than a public authority within the meaning of the Environmental Planning and Assessment Act 1979): (a) to initiate the making of an environmental planning instrument or plan under that Act in relation to any development, project or activity on a particular site, or (b) for consent to, or approval of, any development, project or activity under that Act or for the modification of any such consent or approval. success fee—see section 14. third-party lobbyist means an individual or body carrying on the business (generally for money or other valuable consideration) of lobbying Government officials on behalf of another individual or body, and: (a) includes an individual or body included in this definition by the regulations, but (b) does not include an individual or body excluded from this definition by the regulations. (2) Notes included in this Act do not form part of this Act.