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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Lobbying Disclosure and Accountability
Bill 2003
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Interpretation 2
4. Lobbying activity defined 4
5. Act not to affect personal lobbying activity 5
Part 2 -- Disclosure of Lobbying
Division 1 -- Employed Lobbyists
6. Application of Division 1 6
7. Employed lobbyists to lodge returns 6
8. Commissioner may require further information 8
Division 2 -- Consultant Lobbyists
9. Application of Division 2 9
10. Consultant lobbyists to lodge returns 9
11. Commissioner may require further information 11
Division 3 -- Register of Lobbying Activity
12. Register established 12
Part 3 -- Investigation and Offences
Division 1 -- Investigations by Commissioner
13. Commissioner may investigate lobbying activity 13
14. Report on completion of investigation or generally 14
Division 2 -- Offences and Legal Proceedings
15. False or misleading information 14
16. Proof of returns and information 15
205--1 page i
Lobbying Disclosure and Accountability Bill 2003
Contents
17. Proof of intention 15
18. Proof that a person is a public official 16
Part 4 -- Miscellaneous
19. Rules of Parliament 17
20. Review of Act 17
Part 5 -- Consequential amendments
21. The Act amended 18
22. Long title amended 18
23. Section 5 amended 18
24. Section 14A inserted 18
page ii
Western Australia
LEGISLATIVE ASSEMBLY
(Introduced by Dr E Constable MLA)
Lobbying Disclosure and Accountability
Bill 2003
A Bill for
An Act to provide for the disclosure of lobbying activities intended to
inform and influence Members of Parliament, Ministers of the
Crown and other public officers, to establish a register of activities so
5 disclosed, to provide for investigations of lobbying activities and for
incidental purposes.
The Parliament of Western Australia enacts as follows:
page 1
Lobbying Disclosure and Accountability Bill 2003
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Lobbying Disclosure and
Accountability Act 2003.
5 2. Commencement
This Act comes into operation on the day on which it receives
the Royal Assent.
3. Interpretation
In this Act, unless the contrary intention appears --
10 "appropriate authority" means a person, body or organization
who or which is empowered by a law of the State to take
investigatory or other action and includes (without limiting
the foregoing) --
(a) a member of the Police Service;
15 (b) the Director of Public Prosecutions; and
(c) the Commissioner for Public Sector Standards;
"Commissioner" means the Parliamentary Commissioner for
Administrative Investigations appointed under the
Parliamentary Commissioner Act 1971;
20 "Corporations Act" means the Corporations Act 2001 of the
Commonwealth;
"consultant lobbyist" has the meaning given by section 9;
"employed lobbyist" has the meaning given by section 6;
"judicial proceeding" includes any proceeding had or taken in
25 or before any court, tribunal, or person, in which evidence
may be given on oath;
"lobbying activity" has the meaning given by section 4;
"lobbyist" means a person who is an employed lobbyist, a
consultant lobbyist or both;
page 2
Lobbying Disclosure and Accountability Bill 2003
Preliminary Part 1
s. 3
"moneys of a statutory authority" has the same meaning as in
the Financial Administration and Audit Act 1985;
"person" includes a body corporate or association or body of
persons, whether incorporate or unincorporate;
5 "public authority" means any body, whether incorporate or
unincorporate, that is established or continued for a public
purpose under a written law;
"public moneys" has the same meaning as in the Financial
Administration and Audit Act 1985;
10 "public official" means --
(a) a Minister of the Crown;
(b) a Parliamentary Secretary appointed under section
44A of the Constitution Acts Amendment Act 1899;
(c) member of either House of Parliament;
15 (d) ministerial officer within the meaning of the Public
Sector Management Act 1994;
(e) a member of the Senior Executive Service constituted
under the Public Sector Management Act 1994;
(f) a chief executive officer within the meaning of the
20 Public Sector Management Act 1994;
(g) a chief employee within the meaning of the Public
Sector Management Act 1994;
(h) a body or holder of an office referred to in paragraph
(a) of the definition of non-SES organisation in the
25 Public Sector Management Act 1994;
(i) a body or holder of an office referred to in paragraph
(a) of the definition of SES organisation in the Public
Sector Management Act 1994;
(j) the holder of such other office, post or position as is
30 prescribed.
"register" means the register compiled and maintained under
section 12;
page 3
Lobbying Disclosure and Accountability Bill 2003
Part 1 Preliminary
s. 4
"related entity" has the same meaning as in the Corporations
Act;
"remuneration" has the same meaning as in the Salaries and
Allowances Act 1975.
5 4. Lobbying activity defined
(1) For the purposes of this Act, but subject to this section,
"lobbying activity" means --
(a) any oral or written communication (including an
electronic communication) with a public official
10 intended to influence --
(i) the development of any legislative proposal by
the Government or by a member of either House
of Parliament;
(ii) the introduction of any Bill in either House of
15 Parliament or the passage or amendment of any
Bill that is before either House of Parliament;
(iii) the making or amendment of any subsidiary
legislation;
(iv) the introduction or change of any Government
20 policy or programme;
(v) the exercise of any authority or power conferred
under a written law; or
(vi) the expenditure of public moneys or moneys of a
statutory authority; and
25 (b) arranging or attending a meeting between a public
official and any other person.
(2) "Lobbying activity" does not include oral or written
communication (including an electronic communication) that
is --
30 (a) made by a public official, a public authority, or any
other person holding office under a written law in his,
her or its official capacity;
page 4
Lobbying Disclosure and Accountability Bill 2003
Preliminary Part 1
s. 5
(b) made on behalf of the government of the
Commonwealth or a State, other than the State of
Western Australia;
(c) made on behalf of the government of a foreign country;
5 (d) constituted by any application required or authorized by
a written law;
(e) made in response to a written request from a public
official acting in his or her official capacity;
(f) made by a representative or employee of a media
10 organization for the purposes of gathering and
disseminating news and information to the public;
(g) made in a speech, article, publication or other material
that is distributed and made available to the public, or
through radio, television, or other medium of mass
15 communication;
(h) made in a petition to the either House of Parliament or
in evidence or submissions to a committee of either of
those Houses, or a joint committee of both Houses of
Parliament; or
20 (i) made in the course of any judicial proceedings.
(3) "Lobbying activity" does not include arranging or attending a
meeting with a public official --
(a) that is open to members of the public; or
(b) by a representative or employee of a media organization
25 for the purposes of gathering and disseminating news
and information to the public.
5. Act not to affect personal lobbying activity
Nothing in this Act shall be interpreted so as to apply to
lobbying activity engaged in by a natural person on his or her
30 own behalf.
page 5
Lobbying Disclosure and Accountability Bill 2003
Part 2 Disclosure of Lobbying
Division 1 Employed Lobbyists
s. 6
Part 2 -- Disclosure of Lobbying
Division 1 -- Employed Lobbyists
6. Application of Division 1
(1) This Division applies to any natural person (referred to in this
5 Act as an "employed lobbyist") --
(a) who is employed by another person (referred to in this
Division as the "employer"); and
(b) whose duties or activities with the employer include
lobbying activity on behalf of --
10 (i) the employer;
(ii) where the employer is a corporation within the
meaning of the Corporations Act, the employer
and any related entity of the employer; or
(iii) any profession, business, trade, vocation or
15 calling in relation to which the employer is a
representative body.
(2) Without limiting subsection (1) an employee of an organization
within the meaning of the Industrial Relations Act 1979 who
engages in lobbying activity shall be deemed to be an employed
20 lobbyist.
7. Employed lobbyists to lodge returns
(1) An employed lobbyist must, not later than 30 September in each
year (or such other time as the Commissioner allows under
subsection (3)), lodge an annual return with the Commissioner
25 setting out the information referred to in subsection (2).
Penalty: $10 000, and a daily penalty of $1 000.
page 6
Lobbying Disclosure and Accountability Bill 2003
Disclosure of Lobbying Part 2
Employed Lobbyists Division 1
s. 7
(2) A return lodged in accordance with subsection (1) shall set out
the following information in relation to all of the lobbying
activity carried out by the employed lobbyist in the preceding
financial year --
5 (a) the name and business address of the employed lobbyist;
(b) the name and business address of the employer;
(c) where the employer is a corporation within the meaning
of the Corporations Act, the name and business address
of any related entity of the employer that, to the
10 knowledge of the employed lobbyist, has a direct
interest in the outcome of the employed lobbyist's
lobbying activity;
(d) any other person that, to the knowledge of the employed
lobbyist, has a direct interest in the outcome of the
15 employed lobbyist's lobbying activity;
(e) a description in summary form of the employer's
business or activities and such other information to
identify the nature of the employer's business or
activities as is prescribed;
20 (f) a description, in summary form, of the subject matter of
the lobbying activity, and such other information
regarding the subject matter as is prescribed;
(g) particulars to identify any legislative proposal, Bill,
subsidiary legislation, policy, programme, authority,
25 power or expenditure to which the lobbying activity
related;
(h) where the public officials in relation to whom lobbying
activity was directed are persons within paragraphs (a),
(b) or (c) of the definition of public official, the name of
30 the public officials;
(i) where the public officials in relation to whom lobbying
activity was directed are persons within paragraphs (d),
(e), (f), (g), (h), (i) or (j) of the definition of public
official, the titles of the public officials; and
page 7
Lobbying Disclosure and Accountability Bill 2003
Part 2 Disclosure of Lobbying
Division 1 Employed Lobbyists
s. 8
(j) such other information in relation to the lobbying
activity as is prescribed.
(3) The Commissioner may, on the application of an employed
lobbyist, extend the time within which an annual return required
5 by subsection (1) must be lodged.
(4) Where an employed lobbyist has not engaged in any lobbying
activity in a particular financial year, the employed lobbyist
may --
(a) lodge an annual return stating that he or she has not
10 engaged in any lobbying activity in that financial year;
or
(b) lodge no annual return in relation to that financial year.
8. Commissioner may require further information
(1) The Commissioner may, by notice in writing served on the
15 employed lobbyist, require an employed lobbyist to provide
such further written information in relation to a return lodged
pursuant to section 7 as the Commissioner considers is
necessary to clarify the information set out in that return.
(2) A notice under subsection (1) shall --
20 (a) be in writing;
(b) specify the nature of the further information required;
(c) specify a time at or within which the further information
is to be provided; and
(d) state that the person receiving the notice is required by
25 this Act to comply with the notice.
(3) A person who, without reasonable excuse (proof of which shall
lie on him or her), fails to comply with a notice served on the
person under subsection (1) is guilty of an offence.
Penalty: $10 000, and a daily penalty of $1 000.
page 8
Lobbying Disclosure and Accountability Bill 2003
Disclosure of Lobbying Part 2
Consultant Lobbyists Division 2
s. 9
Division 2 -- Consultant Lobbyists
9. Application of Division 2
(1) This Division applies to any natural person (referred to in this
Act as a "consultant lobbyist") who, directly or indirectly,
5 receives money or other remuneration, for engaging in lobbying
activity on behalf of any other person (referred to in this
Division as "the client"), other than as an employed lobbyist.
(2) To avoid doubt, a consultant lobbyist need not carry on a
business of engaging in lobbying activity, or engage in lobbying
10 activity on more than one occasion, for this Division to apply to
him or her.
(3) Where a person acts as an employed lobbyist and a consultant
lobbyist, that person shall comply with both Division 1 and this
Division.
15 10. Consultant lobbyists to lodge returns
(1) A consultant lobbyist must, not later than the 15th day of each
month (or such other time as the Commissioner allows under
subsection (3)), lodge a monthly return with the Commissioner
setting out the information referred to in subsection (2).
20 Penalty: $10 000, and a daily penalty of $1 000.
(2) A return lodged in accordance with subsection (1) shall set out
the following information in relation to each instance of
lobbying activity carried out by the consultant lobbyist in the
preceding calendar month --
25 (a) the name and business address of the consultant
lobbyist;
(b) where applicable, the name and business address of any
firm, corporation or other entity through which the
consultant lobbyist carried out the lobbying activity
30 (whether as an employee or otherwise);
page 9
Lobbying Disclosure and Accountability Bill 2003
Part 2 Disclosure of Lobbying
Division 2 Consultant Lobbyists
s. 10
(c) the name and business address of the client and the
name and business address of any person that, to the
knowledge of the consultant lobbyist, controls or directs
the activities of the client and has a direct interest in the
5 outcome of the consultant lobbyist's lobbying activity;
(d) where the client is a corporation within the meaning of
the Corporations Act, the name and business address of
any related entity of the client that, to the knowledge of
the consultant lobbyist, has a direct interest in the
10 outcome of the consultant lobbyist's lobbying activity;
(e) particulars to identify the subject matter of the lobbying
activity, and such other information regarding the
subject matter as is prescribed;
(f) particulars to identify any legislative proposal, Bill,
15 subsidiary legislation, policy, programme, authority,
power or expenditure to which the lobbying activity
related;
(g) the date on which the lobbying activity occurred;
(h) where the public official in relation to whom the
20 lobbying activity was directed is a person within
paragraphs (a), (b) or (c) of the definition of public
official, the name of the public official;
(i) where the public official in relation to whom the
lobbying activity was directed is a person within
25 paragraphs (d), (e), (f), (g), (h), (i) or (j) of the definition
of public official, the title of the public official;
(j) where applicable, whether the money or other
remuneration payable in respect of the lobbying activity
is wholly or partly contingent on the consultant
30 lobbyist's degree of success in influencing the matters
referred to in Section 4(1)(a)(i) to (vi); and
(k) such other information in relation to the lobbying
activity as is prescribed.
page 10
Lobbying Disclosure and Accountability Bill 2003
Disclosure of Lobbying Part 2
Consultant Lobbyists Division 2
s. 11
(3) The Commissioner may, on the application of a consultant
lobbyist, extend the time within which a monthly return
required by subsection (1) must be lodged.
(4) Where a consultant lobbyist has not engaged in any lobbying
5 activity in a particular calendar month, the employed lobbyist
may --
(a) lodge an annual return stating that he or she has not
engaged in any lobbying activity in that calendar month;
or
10 (b) lodge no annual return in relation to that calendar
month.
11. Commissioner may require further information
(1) The Commissioner may, by notice in writing served on the
consultant lobbyist, require a consultant lobbyist to provide such
15 further written information in relation to a return lodged
pursuant to section 10 as the Commissioner considers is
necessary to clarify the information set out in that return.
(2) A notice under subsection (1) shall --
(a) be in writing;
20 (b) specify the nature of the further information required;
(c) specify a time at or within which the further information
is to be provided; and
(d) state that the person receiving the notice is required by
this Act to comply with the notice.
25 (3) A person who, without reasonable excuse (proof of which shall
lie on him or her), fails to comply with a notice served on the
person under subsection (1) is guilty of an offence.
Penalty: $10 000, and a daily penalty of $1 000.
page 11
Lobbying Disclosure and Accountability Bill 2003
Part 2 Disclosure of Lobbying
Division 3 Register of Lobbying Activity
s. 12
Division 3 -- Register of Lobbying Activity
12. Register established
(1) The Commissioner shall compile and maintain a register to be
called the "Register of Lobbying Activity".
5 (2) The register shall comprise all of the information set out in
returns lodged under this Act and all of the information
provided to the Commissioner pursuant to notices served under
section 8(1) and section 11(1).
(3) The register may be compiled in such manner and form as the
10 Commissioner considers convenient, including by electronic
means.
(4) The register shall be open to inspection by any person at such
place and at such reasonable times as the Commissioner may
determine.
page 12
Lobbying Disclosure and Accountability Bill 2003
Investigation and Offences Part 3
Investigations by Commissioner Division 1
s. 13
Part 3 -- Investigation and Offences
Division 1 -- Investigations by Commissioner
13. Commissioner may investigate lobbying activity
(1) The Commissioner may investigate any matter relating to any
5 lobbying activity carried out by a lobbyist.
(2) In particular, without limiting subsection (1), the Commissioner
may investigate whether a lobbyist has, in the course of any
lobbying activity --
(a) adequately disclosed to the relevant public official, the
10 person on whose behalf the lobbying activity was being
conducted;
(b) provided accurate and factual information to the relevant
public official;
(c) been accorded any unfairly preferential or
15 discriminatory treatment by the relevant public official;
(d) attempted to apply any improper influence on the
relevant public officer; or
(e) represented competing or conflicting interests without
the consent of those whose interests involved.
20 (3) In this section, "the relevant public official" means the public
official to whom the lobbying activity was directed.
(4) The provisions of --
(a) Division 2 of Part 3 (other than section 17A);
(b) Division 3 of Part 3 (other than subsections (1), (1a),
25 and (6) of section 19); and
(c) Part 4 (other than sections 31 and 33);
of the Parliamentary Commissioner Act 1971, shall apply, with
all necessary modifications, to an investigation by the
Commissioner pursuant to this section.
page 13
Lobbying Disclosure and Accountability Bill 2003
Part 3 Investigation and Offences
Division 2 Offences and Legal Proceedings
s. 14
(5) If, during the course of an investigation under this section, the
Commissioner suspects that a person has committed an offence,
a breach of discipline or otherwise engaged in conduct which
may be the subject of further action, the Commissioner may
5 refer that conduct to an appropriate authority for further action.
14. Report on completion of investigation or generally
(1) Where the Commissioner conducts an investigation under
section 13, the Commissioner shall prepare a report of his or her
conclusions, and the reasons for those conclusions, in relation to
10 the matter the subject of the investigation.
(2) The Commissioner may, if he or she thinks fit, prepare a report
in relation to any matter arising out of the administration of this
Act generally.
(3) Notwithstanding the Financial Administration and Audit Act
15 1985, the Commissioner shall, as soon as practicable, lay before
each House of Parliament any report prepared by the
Commissioner under subsections (1) or (2).
(4) If neither House of Parliament is sitting at the time when the
Commissioner completes his or her report in accordance with
20 subsections (1) or (2), the Commissioner shall --
(a) send copies of the report to the Clerks of both Houses of
Parliament; and
(b) make the report available to the public.
Division 2 -- Offences and Legal Proceedings
25 15. False or misleading information
A person who --
(a) includes any information in a return lodged under this
Act that the person knows is false or misleading in a
material particular;
page 14
Lobbying Disclosure and Accountability Bill 2003
Investigation and Offences Part 3
Offences and Legal Proceedings Division 2
s. 16
(b) omits any information in a return lodged under this Act
without which the return is, to the person's knowledge,
false or misleading in a material particular;
(c) includes any information in a response to a notice served
5 under section 8(1) or section 11(1) that the person
knows is false or misleading in a material particular; or
(d) omits any information in a response to a notice served
under section 8(1) or section 11(1) without which the
response is, to the person's knowledge, false or
10 misleading in a material particular,
is guilty of an offence.
Penalty: $50 000.
16. Proof of returns and information
In any prosecution for an offence against this Act a copy of --
15 (a) a return lodged under this Act; or
(b) a response to a notice served under section 8(1) or
section 11(1),
purporting to be certified under the Commissioner's signature as
a true copy is, without proof of the Commissioner's signature,
20 admissible in evidence.
17. Proof of intention
In any proceedings for an offence against this Act, an averment
in the complaint that any oral or written communication
(including electronic communication) was made with a
25 particular intent, must, on proof of the communication having
occurred, be taken to be proved, unless the contrary is proved.
page 15
Lobbying Disclosure and Accountability Bill 2003
Part 3 Investigation and Offences
Division 2 Offences and Legal Proceedings
s. 18
18. Proof that a person is a public official
In any proceedings for an offence against this Act, an averment
in the complaint that a person was a public official within the
meaning of this Act must be taken to be proved, unless the
5 contrary is proved.
page 16
Lobbying Disclosure and Accountability Bill 2003
Miscellaneous Part 4
s. 19
Part 4 -- Miscellaneous
19. Rules of Parliament
(1) Rules of Parliament may be made for prescribing all matters
that --
5 (a) are required or permitted to be prescribed; or
(b) are necessary or convenient to be prescribed,
for giving effect to the purposes of this Act.
(2) The Rules of Parliament referred to in this section are rules that
have been agreed upon by each House of Parliament in
10 accordance with the Rules and Orders thereof.
(3) Rules of Parliament made under this Act shall be published in
the Gazette.
(4) Section 42 of the Interpretation Act 1984 does not apply to
Rules of Parliament made under this Act.
15 20. Review of Act
(1) The Minister is to carry out a review of the operation and
effectiveness of this Act as soon as practicable after the expiry
of 5 years from its commencement, having regard to all matters
that appear to the Minister to be relevant to the operation and
20 effectiveness of this Act.
(2) The Minister is to prepare a report based on the review and, as
soon as is practicable after the report is prepared, is to cause it
to be laid before each House of Parliament.
page 17
Lobbying Disclosure and Accountability Bill 2003
Part 5 Consequential amendments
s. 21
Part 5 -- Consequential amendments
21. The Act amended
The amendments in this Part are to the Parliamentary
Commissioner Act 1971.
5 22. Long title amended
The long title is amended by inserting after "Police
Department" --
"
, for the regulation and investigation of lobbying
10 activities
".
23. Section 5 amended
Section 5(1) is amended by inserting after "this Act" --
"
15 and the Lobbying Disclosure and Accountability Act 2003
".
24. Section 14A inserted
After section 14 the following section is inserted --
"
20 14A. Jurisdiction under Lobbying Disclosure and
Accountability Act 2003
Notwithstanding anything in sections 13 and 14, the
Commissioner shall have jurisdiction, authority and
power to do all things provided for in the Lobbying
25 Disclosure and Accountability Act 2003.
".
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