
Legislation
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The Lobbying Code commences at the start of 28 February 2022.
The code defines lobbying activities as communications with Australian Government representatives in an effort to influence federal government decision-making.
If a person undertakes communications, in an effort to influence government decision-making on behalf of a third party, with people including a minister, an assistant minister, their staff or any person employed in the Australian Public Service, they must be registered before such communications take place.
The code does not apply to lobbyists who make representations to government (or conduct lobbying activity) on behalf of their employer (‘in-house’ lobbyists), as these representations are considered sufficiently transparent. Under section 12 of the code, lobbyists must observe the following 5 principles when engaging with Australian Government representatives: use truthful and accurate statements; no corrupt, dishonest, illegal or unlawful conduct; do not make misleading or exaggerated claims; keep lobbying activity and personal activity on behalf of a political party separate; always make clear that the registered lobbyist represents a client, the reason for the meeting and, if applicable, that he’s a former Australian Government representative within a prohibition period.
Lobbyists must keep their details on the register up to date, reporting any changes (e.g., new clients) within 10 business days. Additionally, they must confirm or update their information within 10 business days of February 1 and July 1 each year, submitting a new statutory declaration as part of the annual July update. Failure to comply may result in removal from the register.
Lobbyists representing third-party clients must submit a statutory declaration confirming that they: have never been sentenced to more than 30 months in prison; have not been convicted of a dishonesty-related offense (e.g., theft or fraud) in the past 10 years; are not part of a political party’s executive or governing body; have not previously committed a serious breach of the Code.
The declaration must be fully completed and witnessed by a qualified individual.
Former ministers and parliamentary secretaries are prohibited from lobbying on matters they handled in their last 18 months in office for a period of 18 months after leaving office.
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In Belgium, a Lobbies Register has been introduced in 2018 as it is provided for in art. 163ter of the Rules of Procedure of the Belgian House of Representatives.
Persons supposed to represent specialized consultancies, law firms and self-employed consultants, “in-house lobbyists”, trade unions and professional associations, non-governmental associations, think tanks, and research and academic institutions, organisations representing churches and religious communities, organisations representing local, regional and municipal authorities, or other public or mixed entities, who exercise activities that are carried out with the objective of directly or indirectly influencing the policy-making or the implementation of policies or the decision-making processes of the House must sign the Lobbies register, which is public, published on the internet site of the House, and managed by a House service designated to this end.
Registrants are required to provide the register their personal identification data, information and contacts of the organization they work for and the client they are representing.
By registering, lobbyists agree to act in compliance with the code of conduct annexed to the Rules of procedure.
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In Canada, The Lobbying Act and its related Regulations came into force simultaneously on July 2, 2008 when the Lobbyists Registration Act (1989) was updated and renamed.
The Lobbying Act established the position of Commissioner of Lobbying who reports directly to Parliament. The legislative amendments also resulted in the creation of the Office of the Commissioner of Lobbying to support the work of the Commissioner.
The Lobbying Act requires a comprehensive review of the legislation every five years by a committee of the Senate, of the House of Commons, or of both Houses of Parliament. The last review was completed by the House of Commons Standing Committee on Access to Information, Privacy and Ethics in 2012.
That review gave rise to eleven recommendations from the Committee, although no legislative changes resulted.
The Lobbyists’ Code of Conduct, created pursuant to legislation, was implemented in 1997 and updated in 2015.
The lobbying regime is intended to foster transparency of lobbying activities and ethical conduct of lobbyists. The Lobbying Act recognizes that open and free access to government decision-makers is a matter of public interest and that lobbying is a legitimate activity.
The mandate of the Commissioner of Lobbying includes maintaining a searchable registry of information reported by lobbyists, providing education to stakeholders about the requirements of the federal lobbying regime, and ensuring that lobbyists comply with these requirements. This mandate is a key pillar in fostering public trust in government decision-making.
The Act applies to individuals who are paid to lobby. People who lobby on a voluntary basis are not required to register.
The new Lobbyist’ Code of Conduct comes into force July 1, 2023.
The Code of Conduct sets out standards of behaviour for individuals who must be listed in a registration as required by the Lobbying Act.
The Code is a non-statutory tool that complements the Lobbying Act’s registration requirements and serves to reinforce transparent and ethical lobbying.
The Commissioner of Lobbying has the authority to administer the Lobbyists’ Code of Conduct. Breaches of the Code may result in a report to Parliament.
The Lobbying Act and its related Regulations
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Chile regulated lobbying with Law No. 20730/2014
Anyone wishing to engage in this activity is obliged to enroll in a public registry indicating his or her personal details, the company he or she works for, the interests he or she represents and its owners, if any, participation in meetings with public decision-makers, the professional or non-professional nature of the activity carried out… It must also indicate precisely any gifts or courtesy presents given to public decision-makers.
The law established a Transparency Committee with the task of maintaining the Register and updating the information every three months.




