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Legislative Council - Fifty-Fourth Parliament, Second Session (54-2)
2020-02-18 Daily Xml
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Bills

Lobbyists (Restrictions on Lobbying) Amendment Bill

Second Reading

The Hon. R.I. LUCAS (Treasurer) (15:29): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation and the detailed explanation of clauses inserted in Hansard without my reading them.

Leave granted.

Today I introduce a Bill that relates to the Government's election commitment to ban any office bearer of the state governing body of a registered political party, or an associated entity such as a union, from becoming a registered lobbyist in South Australia.

The purpose of these reforms is to ensure openness, transparency and accountability, and to avoid potential conflicts of interest, real or perceived.

The opportunity has also been taken to address an unexpected risk of constitutional invalidity identified in the current terms of the Act.

Under the Lobbyists Act 2015, it is an offence for a person to engage in lobbying of public officials unless the person is registered under the Act. In essence, 'lobbying' means to communicate (for remuneration) with a public official on behalf of a third party for the purpose of influencing the outcome of government deliberations.

This Bill has the effect that:

first, only external independent lobbyists are required to be registered under the Act, and not employees or other office bearers or volunteers of an organisation who engage in lobbying on behalf of that organisation rather than a third party. This means for example that an in-house government liaison officer would not need to be registered to lobby or advocate on behalf of their employer's interests;

secondly, an employee or other office bearer or volunteer of a designated organisation would not need to be registered under the Act to lobby on behalf of that organisation or a client of the designated organisation. A designated organisation would include, for example, an industry body, a union and a welfare body; and

thirdly, an employee or other office bearer or volunteer of a registered parliamentary party, or of an associated entity of a registered parliamentary party, must not engage in lobbying in respect of matters other than those dealt with by the person in the ordinary course of their employment or of holding that office or role.

The first two amendments address the constitutional risk referred to earlier. These changes accord with the original intention of the legislation but which is not currently reflected accurately in the Act. The third amendment gives effect to the Government's election commitment.

By virtue of the definition of 'associated entity' in the Electoral Act 1985, the restrictions in the Bill are extended to certain bodies or persons with a significant relationship to a registered parliamentary party, namely an incorporated or unincorporated body or the trustee of a trust:

that is controlled by one or more registered parties; or

that operates wholly, or to a significant extent, for the benefit of one or more registered parties; or

that is a financial member of a registered party; or

on whose behalf another person is a financial member of a registered party; or

that has voting rights in a registered party; or

on whose behalf another person has voting rights in a registered party.

In the Bill, the persons who are considered to be an office holder of an organisation and thus subject to the restriction are generally the members of the governing body of the organisation, the organisation's employees and volunteers. However, this restriction does not apply to those registered lobbyists who merely act as volunteers for a registered parliamentary party to promote the party or its candidates.

The restriction would apply only for the duration of a lobbyist holding the relevant role in the parliamentary party.

I commend the Bill to Members and I seek leave to insert the Explanation of Clauses in Hansard without my reading it.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Lobbyists Act 2015

4—Amendment of section 3—Interpretation

Section 3 is amended to add definitions of terms used in the measure.

5—Amendment of section 4—Meaning of lobbying

Section 4 is amended to clarify when a person is taken to be communicating on behalf of a third party within the meaning of the section.

6—Amendment of section 10—Register of lobbyists

This clause inserts subsection (5) which is an evidentiary provision to facilitate proof that a person was on the register.

7—Amendment of section 13—Certain persons must not engage in lobbying

Section 13 is amended to restrict lobbying by office holders within prescribed organisations (being registered parliamentary parties, or associated entities, and any other prescribed organisations).

Debate adjourned on motion of Hon. I.K. Hunter.

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