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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Integrity (Lobbyists) Bill 2014 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 activity 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 lobbyist 13 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 lobbyists to comply with code of conduct 15 18. Publication of code of conduct 15 98--1 page i Integrity (Lobbyists) Bill 2014 Contents 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 Integrity (Lobbyists) Bill 2014 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 2014 Part 1 Preliminary s. 1 1 Part 1 -- Preliminary 2 1. Short title 3 This is the Integrity (Lobbyists) Act 2014. 4 2. Commencement 5 This Act comes into operation as follows -- 6 (a) Part 1 -- on the day on which this Act receives the 7 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 2014 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 lobbyist means a person who is listed in the register in respect of 21 a registrant; 22 Minister means a Minister of the Crown in right of the State; 23 ministerial contractor -- 24 (a) means a person (other than a ministerial officer) who is 25 employed or engaged to perform functions in the office 26 of a Minister or a Parliamentary Secretary; and 27 (b) if the person who is engaged to perform the functions is 28 not a natural person, includes the natural person who 29 actually performs the functions; 30 ministerial officer has the meaning given in the PSM Act 31 section 3(1); 32 non-Executive ministerial officer means a person appointed as 33 a ministerial officer to assist a political office holder (as defined page 3 Integrity (Lobbyists) Bill 2014 Part 1 Preliminary s. 3 1 in the PSM Act section 3(1)) if the political office holder is not 2 a Minister or a Parliamentary Secretary; 3 non-profit organisation means an organisation that is not 4 carried on for the purposes of profit or gain to its individual 5 members and is, by the terms of the organisation's constitution, 6 prohibited from making any distribution, whether in money, 7 property or otherwise, to its members; 8 organisation means any incorporated body or unincorporated 9 group (however structured); 10 Parliamentary Secretary means -- 11 (a) a Parliamentary Secretary appointed under the 12 Constitution Acts Amendment Act 1899 section 44A(1); 13 or 14 (b) the Parliamentary Secretary of the Cabinet; 15 PSM Act means the Public Sector Management Act 1994; 16 Public Sector has the meaning given in the PSM Act 17 section 3(1); 18 public sector body has the meaning given in the PSM Act 19 section 3(1); 20 public sector employee -- 21 (a) means an employee as defined in the PSM Act 22 section 3(1); and 23 (b) includes a ministerial contractor; 24 register means the register kept under section 10; 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; 28 senior public sector executive -- 29 (a) means a person who -- 30 (i) holds an office in the Public Sector, if the annual 31 salary attached to that office is equal to or greater page 4 Integrity (Lobbyists) Bill 2014 Preliminary Part 1 s. 3 1 than the amount prescribed by the regulations for 2 the purposes of this subparagraph; or 3 (ii) holds an office prescribed for the purposes of the 4 Salaries and Allowances Act 1975 5 section 6(1)(e); or 6 (iii) holds an office in the Public Sector, or an office 7 in a class of offices in the Public Sector, if the 8 office or class of offices is prescribed by the 9 regulations for the purposes of this subparagraph; 10 or 11 (iv) is a ministerial contractor, if the person is a 12 natural person and the criteria prescribed in 13 relation to ministerial contractors by the 14 regulations for the purposes of this subparagraph 15 are met; 16 and 17 (b) includes a person who is acting in an office to which 18 paragraph (a)(i) to (iii) applies; but 19 (c) does not include -- 20 (i) a non-Executive ministerial officer; or 21 (ii) a person, office or position exempted by the 22 Commissioner in accordance with the 23 regulations; 24 State government decision-making means decision-making by 25 or on behalf of the Executive Government of the State (whether 26 the decision is made by the Governor, a Minister, a 27 Parliamentary Secretary, a public sector employee, a statutory 28 officer or statutory body or any other person), including 29 (without limitation) the making of decisions relating to any of 30 the following -- 31 (a) the development, amendment or repeal of legislation; page 5 Integrity (Lobbyists) Bill 2014 Part 1 Preliminary s. 3 1 (b) the introduction of any Bill into either House of 2 Parliament, or the passage, amendment, or defeat of any 3 Bill that is before a House of Parliament; 4 (c) the development, amendment or abandonment of any 5 policy or programme; 6 (d) the making of an appointment to any body, office, post 7 or position; 8 (e) the awarding of a contract, grant or donation; 9 (f) the allocation of funding; 10 (g) the exercise of a discretionary power; 11 success fee has the meaning given in section 20. 12 (2) For the purposes of this Act, a person undertakes a lobbying 13 activity on behalf of another person if the lobbying activity is 14 undertaken for the purpose of representing the interests of that 15 other person. 16 (3) Regulations made for the purposes of paragraph (a)(vi) or (vii) 17 of the definition of government representative in subsection (1) 18 can prescribe a body or the holder of an office, post or position 19 only if -- 20 (a) the body, office, post or position is -- 21 (i) established or continued for a public purpose 22 under a written law; or 23 (ii) established by the Governor or a Minister; 24 or 25 (b) it is a corporation or association over which control can 26 be exercised by -- 27 (i) the State; or 28 (ii) a public sector body; or 29 (iii) a body, office, post or position referred to in 30 paragraph (a); or 31 (iv) a body or the holder of an office, post or position 32 that is itself prescribed by the regulations for the page 6 Integrity (Lobbyists) Bill 2014 Preliminary Part 1 s. 4 1 purposes of paragraph (a)(vi) or (vii) of that 2 definition. 3 4. Term used: lobbying activity 4 (1) In this Act, unless the contrary intention appears -- 5 lobbying activity means communicating with a government 6 representative for the purpose of influencing, whether directly 7 or indirectly, State government decision-making. 8 (2) For an activity to be a lobbying activity, it is not essential that 9 the activity be undertaken for any commission, payment or 10 other reward (whether pecuniary or otherwise). 11 (3) The following are not lobbying activities -- 12 (a) petitioning the Legislative Council or the Legislative 13 Assembly, or both Houses; 14 (b) petitioning the Governor; 15 (c) communicating with a committee of the Legislative 16 Council or the Legislative Assembly, or a joint 17 committee of both Houses; 18 (d) communicating with a person who is a Minister or a 19 Parliamentary Secretary, in that person's capacity as a 20 member of either House of Parliament and not as a 21 member of the Executive Government of the State, in 22 relation to a matter that is not within that person's 23 responsibilities as a Minister or a Parliamentary 24 Secretary; 25 (e) subject to subsection (4), communicating as part of an 26 activity of a grassroots campaign nature in an attempt to 27 influence State government decision-making, for 28 example, encouraging letter-writing, phone-calling or 29 emailing campaigns; 30 (f) responding to -- 31 (i) a call for submissions; or page 7 Integrity (Lobbyists) Bill 2014 Part 1 Preliminary s. 5 1 (ii) a request for tender, request for expression of 2 interest, request for a proposal or a request of a 3 similar nature; 4 (g) providing information in response to a request from a 5 government representative; 6 (h) communicating only for the purpose of making an 7 application under a written law, if the application is 8 considered and decided under that written law by a 9 government representative or the Governor; 10 (i) making a public statement; 11 (j) communicating about a personal matter on behalf of -- 12 (i) the person making the communication; or 13 (ii) a friend or relative of that person; 14 (k) any activity or class of activity prescribed by the 15 regulations for the purposes of this paragraph. 16 (4) Subsection (3)(e) does not apply in relation to any 17 communication by a person for any commission, payment or 18 other reward (whether pecuniary or otherwise). 19 (5) For the purposes of subsection (3)(j), a personal matter is a 20 matter that relates only to a person's personal, family or 21 household affairs and is not related to any business or 22 commercial activity. 23 5. Purpose 24 (1) The purpose of this Act is to promote and enhance public 25 confidence in the transparency, integrity and honesty of dealings 26 between government representatives and people who undertake 27 lobbying activities on behalf of others. 28 (2) In order to achieve this purpose, this Act -- 29 (a) provides for the registration of people who undertake 30 lobbying activities; and page 8 Integrity (Lobbyists) Bill 2014 Preliminary Part 1 s. 6 1 (b) provides for the issuing of a code of conduct for 2 registered persons in their dealings with government; 3 and 4 (c) prohibits registered persons from agreeing to receive 5 payments or other rewards that are dependent on the 6 outcome of lobbying activities. 7 6. Act binds Crown 8 This Act binds the State and, so far as the legislative power of 9 Parliament permits, the Crown in all its other capacities. 10 7. Application 11 Nothing in this Act -- 12 (a) requires a government representative to have dealings 13 with -- 14 (i) a particular lobbyist; or 15 (ii) lobbyists in general; 16 or 17 (b) limits communication by a person (whether personally 18 or through a lobbyist) with a government representative 19 if the law requires a government representative to take 20 account of the views advanced by the person. page 9 Integrity (Lobbyists) Bill 2014 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 activity by unregistered persons prohibited 4 (1) A person (person A) who is in the business of lobbying must 5 not undertake lobbying activities on behalf of another person 6 unless person A is accredited as a lobbyist. 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 11 undertaking lobbying activities on behalf of another 12 person; 13 (b) a person who employs or engages one or more persons 14 to undertake lobbying activities on behalf of another 15 person; 16 (c) a person who is employed or engaged by a person to 17 undertake lobbying activities on behalf of another 18 person. 19 (3) For the purposes of subsection (2)(b) and (c), the lobbying 20 activities need not be the only work undertaken by an employee 21 or contractor. 22 (4) This section does not apply to any person to whom or to which 23 section 9 applies. 24 9. Certain persons not required to register 25 None of the following is required to be accredited as a lobbyist 26 under this Act -- 27 (a) a non-profit organisation; 28 (b) an organisation constituted to represent the interests of 29 its members (for example, a trade union, an employer page 10 Integrity (Lobbyists) Bill 2014 Registration Part 2 Register Division 2 s. 10 1 organisation or a professional body such as a law 2 society); 3 (c) a person who is employed or engaged by an organisation 4 to which paragraph (b) applies, to the extent that the 5 employee or contractor undertakes lobbying activities 6 for the purpose of representing the interests of the 7 organisation's members; 8 (d) a business the principal purpose of which is the carrying 9 on of a technical or professional occupation (such as 10 engineering, accountancy, town planning, medicine or 11 law) in which the undertaking of lobbying activities is 12 occasional only and incidental to the provision of the 13 technical or professional services; 14 (e) a person who provides technical or professional services 15 as part of a business to which paragraph (d) applies, to 16 the extent that the undertaking of lobbying activities by 17 that person is occasional only and incidental to the 18 provision of the technical or professional services; 19 (f) a person who is employed by another person (the 20 employer) to undertake lobbying activities only for the 21 purpose of representing the interests of -- 22 (i) the employer; or 23 (ii) if the employer is a corporation, a related body 24 corporate of the employer; 25 (g) a member of a trade delegation visiting the State; 26 (h) a person or body, or a member of a class of persons or 27 bodies, prescribed by the regulations for the purposes of 28 this paragraph. 29 Division 2 -- Register 30 10. Register 31 (1) The Commissioner must establish and maintain a register for the 32 purposes of this Act. page 11 Integrity (Lobbyists) Bill 2014 Part 2 Registration Division 3 Registration and listing s. 11 1 (2) The register records -- 2 (a) information relating to -- 3 (i) registrants; and 4 (ii) lobbyists; 5 and 6 (b) any other information the Commissioner considers 7 necessary or desirable for the purposes of this Act. 8 (3) Without limiting subsection (2), the register must record 9 information relating to persons for whom lobbyists are 10 undertaking lobbying activities. 11 (4) The Commissioner may -- 12 (a) keep the register in any form the Commissioner 13 considers appropriate; and 14 (b) make any changes to the register that the Commissioner 15 considers necessary or desirable to ensure that the 16 register is accurate and up-to-date. 17 11. Publication of information on register 18 (1) The Commissioner must make the information on the register 19 publicly available free of charge. 20 (2) The Commissioner may comply with subsection (1) in any way 21 the Commissioner considers appropriate. 22 Division 3 -- Registration and listing 23 12. Who may be registered 24 (1) Any person may be registered under this Act. 25 (2) Subsection (1) is subject to sections 14 and 15. page 12 Integrity (Lobbyists) Bill 2014 Registration Part 2 Registration and listing Division 3 s. 13 1 13. Who may be listed as lobbyist 2 (1) Any of the following persons may be listed as a lobbyist -- 3 (a) a registrant; 4 (b) a person who is a partner in a firm that is a registrant; 5 (c) a director, manager, secretary or other similar officer (by 6 whatever name called) of a registrant; 7 (d) a person who is employed, contracted or otherwise 8 engaged by a registrant to provide lobbying activity 9 services. 10 (2) A person is listed as a lobbyist by being listed in the register in 11 respect of a registrant. 12 (3) While a person is listed as a lobbyist, the person is to be taken to 13 be accredited as a lobbyist. 14 (4) Subsection (1) is subject to sections 14 and 15. 15 14. Certain persons disqualified from registration or listing 16 (1) In this section -- 17 relevant office means any of the following offices or 18 positions -- 19 (a) a member of either House of Parliament; 20 (b) a senator for Western Australia in the Commonwealth 21 Senate; 22 (c) a member of the Commonwealth House of 23 Representatives for an Electoral Division in Western 24 Australia; 25 (d) a senior public sector executive; 26 (e) an office or position prescribed by the regulations for 27 the purposes of this definition. 28 (2) A person cannot be registered under this Act or listed as a 29 lobbyist if -- 30 (a) the person holds a relevant office; or page 13 Integrity (Lobbyists) Bill 2014 Part 2 Registration Division 3 Registration and listing s. 15 1 (b) the person has ceased to hold a relevant office, and a 2 period of less than one year has elapsed since the date 3 on which the person ceased to hold that office. 4 (3) However, even though subsection (2)(b) applies to a person, the 5 Commissioner can decide to register the person or, as the case 6 requires, list the person as a lobbyist. 7 15. Commissioner makes decisions on registration and listing 8 and related procedures 9 (1) The Commissioner decides all matters relating to or connected 10 with registration and listing under this Act, including (without 11 limitation) -- 12 (a) whether, and the conditions (if any) on or subject to 13 which, a person is registered or listed; and 14 (b) when, and on what grounds or in what circumstances, a 15 person's registration is to be suspended or cancelled, or 16 a person's listing as a lobbyist is to be removed from the 17 register. 18 (2) The Commissioner also determines all procedures relating to or 19 connected with registration and listing. page 14 Integrity (Lobbyists) Bill 2014 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 lobbyists. 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 lobbyists to comply with code of conduct 9 (1) Registrants and lobbyists must comply with a code of conduct. 10 (2) No civil or criminal liability attaches to a person only because 11 the person has committed a breach of a code of conduct, but the 12 Commissioner may consider whether a breach has occurred, and 13 may take into account any breach that the Commissioner is 14 satisfied has occurred, in performing any function under 15 this Act. 16 (3) Subsection (2) is subject to section 24. 17 18. Publication of code of conduct 18 (1) The Commissioner must -- 19 (a) publish a code of conduct in the Gazette; and 20 (b) make a code of conduct publicly available free of 21 charge. 22 (2) The Commissioner may comply with subsection (1)(b) in any 23 way the Commissioner considers appropriate. 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 2014 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 lobbyist 14 listed under that registrant, receive a success fee for a lobbying 15 activity undertaken, on behalf of another person, by a lobbyist 16 who is listed under that registrant. 17 (2) A lobbyist must not agree that the lobbyist, or the registrant 18 under which that person is listed, receive a success fee for a 19 lobbying activity undertaken, on behalf of another person, by 20 the lobbyist. 21 (3) Subsections (1) and (2) do not apply to any agreement to receive 22 any commission, payment or reward, if the commission, 23 payment or reward is agreed to be given (whether as 24 remuneration or as a bonus or otherwise) by an employer to that 25 person's employee for work done by that employee in the 26 course of that employment. 27 (4) No civil or criminal liability attaches to a person only because 28 the person has committed a breach of the prohibition in 29 subsection (1) or (2). page 16 Integrity (Lobbyists) Bill 2014 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 2014 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 lobbyist listed under that 8 registrant incurs any civil or criminal liability in respect 9 of the disclosure; and 10 (b) the disclosure is not to be regarded as a breach, by the 11 registrant or any lobbyist listed under that registrant, 12 of -- 13 (i) any duty of confidentiality or secrecy imposed 14 by law; or 15 (ii) professional ethics or standards; 16 and 17 (c) the disclosure is not to be regarded as unprofessional 18 conduct. 19 24. Offence to supply false or misleading information 20 (1) A person must not do any of the things set out in 21 subsection (2) -- 22 (a) in any application made to the Commissioner in 23 connection with -- 24 (i) registration under this Act; or 25 (ii) listing as a lobbyist; 26 or 27 (b) in a response to a requirement, made under any 28 procedure determined by the Commissioner under 29 section 15, to provide information or a document to the 30 Commissioner; or page 18 Integrity (Lobbyists) Bill 2014 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 2014 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 lobbyist listed under the person whose name is recorded 21 under the heading "Company Details" in the same 22 lobbyist profile, and this Act applies accordingly. 23 (2) If subsection (1) applies to a person -- 24 (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 (3) The fact that subsection (1) applies to a person does not limit 31 section 15. page 20 Integrity (Lobbyists) Bill 2014 Transitional Part 6 s. 28 1 (4) This section overrides section 14(2)(b). 2 28. Existing contracts for success fee 3 (1) In this section -- 4 relevant date means the day on which section 21 comes into 5 operation. 6 (2) Section 21 applies in respect of any agreement, or any success 7 fee receivable under an agreement, in force before the relevant 8 date. 9 (3) However, section 21 does not apply in respect of -- 10 (a) any success fee received before the relevant date; or 11 (b) any success fee that is receivable (whether before or 12 after the relevant date) for work carried out before the 13 relevant date; or 14 (c) the entering into, before the relevant date, of an 15 agreement to receive a success fee. 16 (4) Section 21 applies to an agreement to receive a success fee that 17 was entered into before the relevant date to the extent that the 18 agreement provides for a success fee to be received for work 19 carried out on or after the relevant date. 20 page 21 Integrity (Lobbyists) Bill 2014 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) lobbying activity ..................................................................................... 3(1), 4(1) lobbyist ............................................................................................................ 3(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(5) PSM Act........................................................................................................... 3(1) Public Sector .................................................................................................... 3(1) public sector body ............................................................................................ 3(1) public sector employee .................................................................................... 3(1) register ............................................................................................................. 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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