South Australia
Lobbyists Act 2015
An Act to regulate the lobbying of public officials; and for other purposes.
Contents
Part 1—Preliminary
1Short title
2Commencement
3Interpretation
4Meaning of lobbying
Part 2—Registration
5Lobbyists to be registered
6Entitlement to be registered
7Application for registration
8Annual fee and return
9Duration of registration and cancellation and surrender
10Register of lobbyists
11Notification of change of details
12Exclusion of information from register
Part 3—Restrictions on lobbying
13Certain former or current public officials must not engage in lobbying
14Success fees prohibited
Part 4—Reviews
15Reviews
Part 5—Miscellaneous
16Delegation by Chief Executive
17False or misleading information
18Service of notice
19Regulations
Schedule 1—Transitional provisions
1Success fees
Legislative history
The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Lobbyists Act 2015.
2—Commencement
This Act will come into operation on a day to be fixed by proclamation.
3—Interpretation
In this Act, unless the contrary intention appears—
Chief Executive means the Chief Executive of the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of this Act;
government board means a body corporate—
(a)comprised of persons, or with a governing body comprised of persons, a majority of whom are appointed by the Governor, a Minister or an agency or instrumentality of the Crown; or
(b)subject to control or direction by a Minister;
lobbying—see section 4;
public official means—
(a)a Minister or Parliamentary Secretary; or
(b)a member of staff of a Minister or Parliamentary Secretary (including a member of staff in an electorate office); or
(c)any other Member of Parliament or a member of staff of such a Member; or
(d)a public sector employee; or
(e)an individual who is engaged under a contract to provide services to or on behalf of a public sector agency; or
(f)a member of a government board;
public sector agency has the same meaning as in the Public Sector Act 2009;
public sector employee has the same meaning as in the Public Sector Act 2009;
register means the register of lobbyists under section 10;
registration means registration under Part 2.
4—Meaning of lobbying
(1)For the purposes of this Act, a person will be taken to engage in lobbying if the person, for money or other valuable consideration, communicates with a public official (in person, in writing or by telephone or other electronic means) on behalf of a third party for the purpose of influencing the outcome of—
(a)legislation, or a government decision or policy, whether existing or proposed; or
(b)an application for any approval, consent, licence, permit, exemption or other authorisation or entitlement under any Act or law of this State; or
(c)the awarding of a contract or grant or the allocation of funding; or
(d)any other exercise by the official of his or her functions or powers,
(whether the person is acting as a principal in so communicating or as an employee or agent of another).
(2)However, a person will not be taken to engage in lobbying—
(a)if…