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.
