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This is a Bill, not an Act. For current law, see the Acts databases.


INTEGRITY (LOBBYISTS) BILL 2014

                   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:




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     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;

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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

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     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



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                                                                     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;




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     Part 1           Preliminary

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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

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                                                         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



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     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



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                                                 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.




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     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


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                                                     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.


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     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.




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                                                      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

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     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.




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                                                     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.

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     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).




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                                                      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.




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     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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