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Lobbying (Improving Government Honesty and Trust) – Federal House of Representatives

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Proponent: Monique Ryan

PDF URL: View PDF

Summary

Establishes the Register of Lobbyists
Prohibits lobbying activity by unregistered lobbyists

Key Actions

Regulation of Lobbying Activities

Full Text

Aims to establish a scheme promoting transparency, integrity, and honesty in dealings between lobbyists and Government representatives
Objects: 
To promote and enhance transparency, integrity and honesty in dealings between lobbyists and Government representatives 3. This includes registering lobbyists, restricting lobbying by former Government representatives, ensuring lobbyists comply with conduct standards, publishing Ministerial diaries, and including entries for senior Ministerial staffers in the Australian Government Directory 3 4. It also aims to restrict lobbying and inappropriate practices of Ministers and senior Government advisers after they leave their positions, and enforce the Act with penalties 4 5. 
Definitions
Defines key terms like ABN, Agency Head, Commissioner (National Anti-Corruption Commissioner), Commonwealth entity, Government representative, lobbying activity, lobbyist, parliamentarian, professional lobbyist, quarter, Register, registered lobbyist, rules, senior Government adviser, serious contravention, and third-party client
Lobbying activity: Any activity undertaken with a Government representative to influence Government decision-making 
Exceptions include communications with parliamentary committees, communications by constituents, grassroots campaigns, responses to calls for submissions or tenders, public statements, providing information upon request, personal matters, and communications by regulated professionals within their professional capacity
Lobbyist: A professional lobbyist or an in-house lobbyist of an entity

Prohibits lobbying activity by unregistered lobbyists
Restricts lobbying and related practices by former Ministers and senior Government advisers for 3 years after they cease to hold office
Sets out the obligations of registered lobbyists and listed persons, including adhering to principles of conduct, informing Government representatives of their status and clients, and restrictions on gifts and hospitality
Imposes obligations on Government representatives to not engage in lobbying activities with unregistered lobbyists and to report contraventions of the Act
 
Part 4: Registration
Division 1: Register of Lobbyists: Establishes the Register of Lobbyists, maintained by the Commissioner and published on the Attorney-General's Department website
Division 2: Registration Process: Sets out the application process, including statutory declarations and considerations for refusal or direction by the Minister
Division 3: Updating the Register: Requires notification of changes to registration details and periodic confirmation of registration details
Division 4: Variation, Suspension, or Cancellation of Registration: Outlines the conditions and processes for varying, suspending, or cancelling a lobbyist's registration, either on the Commissioner's initiative, at the direction of the Minister, or at the lobbyist's request

Part 5: Other Transparency Requirements
Requires the monthly publication of Ministerial diaries on the Attorney-General's Department website
Mandates that the Australian Government Directory include entries for current and former senior Ministerial staffers

Part 6: Enforcement
Allows for the referral of alleged contraventions to the Commissioner
Empowers the Commissioner to investigate potential contraventions of the Act

Part 7: Miscellaneous
Allows for review of certain decisions by the Administrative Review Tribunal 
Addresses the treatment of partnerships and unincorporated associations under the Act
Requires an annual report on the operation of the Act
Mandates an independent review of the Act's operation by an expert panel
Enables the Minister to make rules to prescribe matters for carrying out the Act, with limitations