New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
obbying of Government Officials Bill
2011
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The object of this Bill is to prohibit the giving or receipt of success fees for lobbying
by lobbyists who lobby Ministers, Parliamentary Secretaries and other Government
officials.
Outline of provisions
Part 1 Preliminary
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a day or days to be
appointed by proclamation.
Clause 3 defines certain words and expressions used in the proposed Act. A
Government official is defined as a Minister, a Parliamentary Secretary, a staff
member of a Minister or Parliamentary Secretary, a chief executive officer or senior
executive officer within the meaning of the Public Sector Employment and
Management Act 2002 or a person employed under Chapter 1A of that Act, a member
of a statutory body and a contractor providing services to or on behalf of a Division
b2011-005-07.d18
Lobbying of Government Officials Bill 2011
Explanatory note
of the Government Service. Lobbying a Government official means communicating
with the official for the purpose of representing the interests of another person or
body in relation to certain specified Government activities or decisions. A lobbyist is
defined as a person or body that carries on the business of lobbying Government
officials on behalf of third parties and that generally does so for money or other
valuable consideration.
Part 2 Ban on success fees for lobbying
Clause 4 defines a success fee for the lobbying of a Government official as an
amount of money or other valuable consideration the giving or receipt of which is
contingent on the outcome of the lobbying of a Government official by or on behalf
of a lobbyist or on the outcome of a matter about which such lobbying is carried out.
Clause 5 makes it an offence to give, or agree to give, a success fee for the lobbying
of a Government official to a lobbyist or any other person at the direction or with the
agreement of the lobbyist. It will also be an offence for a lobbyist or any other person
to receive, or agree to receive, such a success fee and for a lobbyist to agree that
another person is to receive such a success fee.
Clause 6 provides for a success fee to be forfeited to the Crown if a person is found
guilty of an offence under the proposed Part, unless the court otherwise orders. A
court may, in proceedings or on appeal, order that a success fee not be forfeited or
that a forfeited success fee be returned.
Clause 7 excludes fees paid primarily for the provision of professional advice or
services from the effect of the proposed Part.
Part 3 Miscellaneous
Clause 8 enables the Governor to make regulations for the purposes of the proposed
Act.
Clause 9 provides for proceedings for offences under the proposed Act to be dealt
with summarily before the Local Court.
Clause 10 makes directors of a corporation or persons concerned in the management
of a corporation liable for offences by the corporation under the proposed Act if they
knowingly authorise or permit the relevant contraventions.
Clause 11 provides for the review of the proposed Act after 5 years.
Schedule 1 Savings, transitional and other
provisions
Schedule 1 contains savings, transitional and other provisions consequent on the
enactment of the proposed Act.
Explanatory note page 2
First print
New South Wales
obbying of Government Officials Bill
2011
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Definitions 2
Part 2 Ban on success fees for lobbying
4 Success fees 4
5 Ban on success fees 4
6 Forfeiture of success fees 4
7 Exclusion of fees for technical professional services 4
Part 3 Miscellaneous
8 Regulations 5
9 Nature of proceedings for offences 5
b2011-005-07.d18
Lobbying of Government Officials Bill 2011
Contents
Page
10 Offences by corporations 5
11 Review of Act 5
Schedule 1 Savings, transitional and other provisions 6
Contents page 2
New South Wales
obbying of Government Officials Bill
2011
No , 2011
A Bill for
An Act to ban success fees for lobbying Government officials.
Clause 1 Lobbying of Government Officials Bill 2011
Part 1 Preliminary
The Legislature of New South Wales enacts: 1
Part 1 Preliminary 2
1 Name of Act 3
This Act is the Lobbying of Government Officials Act 2011. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
3 Definitions 7
In this Act: 8
Government official means any of the following: 9
(a) a Minister or Parliamentary Secretary, 10
(b) a staff member of a Minister or Parliamentary Secretary 11
(including a staff member in an electorate office), 12
(c) a chief executive officer or senior executive officer within the 13
meaning of the Public Sector Employment and Management Act 14
2002, 15
(d) a person employed under Chapter 1A of the Public Sector 16
Employment and Management Act 2002, 17
(e) an individual who is engaged under a contract to provide services 18
to or on behalf of a Division of the Government Service, 19
(f) a member (however expressed) of, or of the governing body of, a 20
statutory body. 21
lobbying a Government official means communicating with the official 22
(in person, in writing or by telephone or other electronic means) for the 23
purpose of representing the interests of another person or a body in 24
relation to any of the following: 25
(a) legislation or proposed legislation or a government decision or 26
policy or proposed government decision or policy, 27
(b) a planning application, 28
(c) the exercise by the official of the official's official functions. 29
lobbyist means a person or body (incorporated or unincorporated) that 30
carries on the business of lobbying Government officials on behalf of 31
third parties and that generally does so for money or other valuable 32
consideration, but does not include a person or body, or a member of a 33
class of persons or bodies, prescribed by the regulations for the purposes 34
of this definition. 35
Page 2
Lobbying of Government Officials Bill 2011 Clause 3
Preliminary Part 1
planning application means an application or request by a person (other 1
than a public authority within the meaning of the Environmental 2
Planning and Assessment Act 1979): 3
(a) to initiate the making of an environmental planning instrument or 4
development control plan under that Act in relation to 5
development on a particular site, or 6
(b) for consent to, or approval of development or an activity, or a 7
project or concept plan, under that Act. 8
success fee--see section 4. 9
Page 3
Clause 4 Lobbying of Government Officials Bill 2011
Part 2 Ban on success fees for lobbying
Part 2 Ban on success fees for lobbying 1
4 Success fees 2
In this Act, a success fee for the lobbying of a Government official is an 3
amount of money or other valuable consideration the giving or receipt 4
of which is contingent on the outcome of the lobbying of the 5
Government official by or on behalf of a lobbyist or on the outcome of 6
a matter about which such lobbying is carried out. 7
5 Ban on success fees 8
(1) A person must not give, or agree to give, a success fee for the lobbying 9
of a Government official to a lobbyist or to any other person at the 10
direction or with the agreement of the lobbyist. 11
(2) A lobbyist must not receive or agree to receive, or agree that another 12
person is to receive, a success fee for the lobbying of a Government 13
official. 14
(3) A person (other than a lobbyist) must not receive, or agree to receive, a 15
success fee for the lobbying of a Government official. 16
Maximum penalty: 500 penalty units (in the case of a corporation) or 17
200 penalty units (in the case of an individual). 18
6 Forfeiture of success fees 19
(1) If a person is found guilty of an offence under this Part, any success fee 20
to which the offence relates given to or received by the person is, unless 21
the court otherwise orders, forfeited to the Crown. 22
(2) In proceedings for an offence under this Part, or on appeal, the court 23
may order that a success fee not be forfeited or, if it has been forfeited, 24
that it be returned to a specified person. 25
7 Exclusion of fees for technical professional services 26
This Part does not apply in respect of the giving or receipt of an amount 27
of money or other valuable consideration if it is primarily given or 28
received in consideration for the provision of professional advice or 29
other professional services (other than lobbying services) by a lawyer, 30
accountant, financial advisor or other technical specialist. 31
Page 4
Lobbying of Government Officials Bill 2011 Clause 8
Miscellaneous Part 3
Part 3 Miscellaneous 1
8 Regulations 2
The Governor may make regulations, not inconsistent with this Act, for 3
or with respect to any matter that by this Act is required or permitted to 4
be prescribed or that is necessary or convenient to be prescribed for 5
carrying out or giving effect to this Act. 6
9 Nature of proceedings for offences 7
Proceedings for an offence under this Act may be dealt with summarily 8
before the Local Court. 9
10 Offences by corporations 10
(1) If a corporation contravenes, whether by act or omission, any provision 11
of this Act, each person who is a director of the corporation or who is 12
concerned in the management of the corporation is taken to have 13
contravened the same provision if the person knowingly authorised or 14
permitted the contravention. 15
(2) A person may be proceeded against and convicted under a provision 16
pursuant to subsection (1) whether or not the corporation has been 17
proceeded against or has been convicted under the provision. 18
(3) Nothing in this section affects any liability imposed on a corporation for 19
an offence committed by the corporation under this Act. 20
11 Review of Act 21
(1) The Minister is to review this Act to determine whether the policy 22
objectives of the Act remain valid and whether the terms of the Act 23
remain appropriate for securing those objectives. 24
(2) The review is to be undertaken as soon as possible after the period of 25
5 years from the date of assent to this Act. 26
(3) A report on the outcome of the review is to be tabled in each House of 27
Parliament within 12 months after the end of the period of 5 years. 28
Page 5
Lobbying of Government Officials Bill 2011
Schedule 1 Savings, transitional and other provisions
Schedule 1 Savings, transitional and other 1
provisions 2
Part 1 General 3
1 Regulations 4
(1) The regulations may contain provisions of a savings or transitional 5
nature consequent on the enactment of the following Acts: 6
this Act 7
(2) Any such provision may, if the regulations so provide, take effect from 8
the date of assent to the Act concerned or a later date. 9
(3) To the extent to which any such provision takes effect from a date that 10
is earlier than the date of its publication on the NSW legislation website, 11
the provision does not operate so as: 12
(a) to affect, in a manner prejudicial to any person (other than the 13
State or an authority of the State), the rights of that person 14
existing before the date of its publication, or 15
(b) to impose liabilities on any person (other than the State or an 16
authority of the State) in respect of anything done or omitted to 17
be done before the date of its publication. 18
Part 2 Provisions consequent on enactment of this 19
Act 20
2 Existing agreements to pay success fees 21
(1) Part 2 of this Act applies in respect of any agreement, or any success fee 22
payable under an agreement, in force before the commencement of that 23
Part. 24
(2) However, it does not apply in respect of: 25
(a) any success fee paid before that commencement or that is payable 26
(whether before or after that commencement) for work carried 27
out before that commencement, or 28
(b) the entering into, before that commencement, of an agreement to 29
give or receive a success fee. 30
Page 6
Lobbying of Government Officials Bill 2011
Savings, transitional and other provisions Schedule 1
(3) An agreement to give or receive a success fee that was entered into 1
before that commencement is void to the extent that it provides for a 2
success fee to be given or received for work carried out on or after that 3
commencement. 4
Page 7
[Index] [Search] [Download] [Related Items] [Help]