{"id":"qld:act-2009-052","name":"Integrity Act 2009","slug":"integrity-act-2009","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"52 of 2009","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29901,"registerId":"qld-act-2009-052-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.3-pt.1","sectionType":"part","heading":"Core concepts","content":"# Core concepts","sortOrder":0},{"sectionNumber":"sec.9","sectionType":"section","heading":"Meaning of ethics or integrity issue","content":"### sec.9 Meaning of ethics or integrity issue\n\nAn ethics or integrity issue is an issue concerning ethics or integrity and includes a conflict of interest issue.\nAlso, only for a request by the Premier under part 2 , an ethics or integrity issue includes standard setting for ethics or integrity issues.\n(sec.9-ssec.1) An ethics or integrity issue is an issue concerning ethics or integrity and includes a conflict of interest issue.\n(sec.9-ssec.2) Also, only for a request by the Premier under part 2 , an ethics or integrity issue includes standard setting for ethics or integrity issues.","sortOrder":1},{"sectionNumber":"sec.10","sectionType":"section","heading":"Meaning of conflict of interest issue and references to interest or conflict of interest","content":"### sec.10 Meaning of conflict of interest issue and references to interest or conflict of interest\n\nA conflict of interest issue , involving a person, is an issue about a conflict or possible conflict between a personal interest of the person and the person’s official responsibilities.\nA reference to an interest or to a conflict of interest is a reference to those matters within their ordinary meaning under the general law, and, in relation to an interest, the definition in the Acts Interpretation Act 1954 , schedule 1 does not apply.\ns 10 amd 2013 No. 39 s 110 (1) sch 3 pt 1\n(sec.10-ssec.1) A conflict of interest issue , involving a person, is an issue about a conflict or possible conflict between a personal interest of the person and the person’s official responsibilities.\n(sec.10-ssec.2) A reference to an interest or to a conflict of interest is a reference to those matters within their ordinary meaning under the general law, and, in relation to an interest, the definition in the Acts Interpretation Act 1954 , schedule 1 does not apply.","sortOrder":2},{"sectionNumber":"sec.11","sectionType":"section","heading":"Meaning of interests issues","content":"### sec.11 Meaning of interests issues\n\nInterests issues , for a member of the Legislative Assembly, means ethics or integrity issues relevant to the member for, or in, the register of members’ interests, or the register of related persons’ interests, kept under the Parliament of Queensland Act 2001 , section 69C .\ns 11 amd 2010 No. 37 s 33","sortOrder":3},{"sectionNumber":"sec.12","sectionType":"section","heading":"Meaning of designated person","content":"### sec.12 Meaning of designated person\n\nEach of the following persons is a designated person —\na member of the Legislative Assembly;\na statutory office holder;\na chief executive of a public service entity;\na senior executive;\na chief executive of, or a senior executive equivalent employed in, a government entity who is nominated by the Minister responsible for administering the entity;\na ministerial staff member who performs the role of chief of staff (however called) in the office of a Minister;\na person, or a person within a class of persons, nominated by the Premier;\na person, or a person within a class of persons, prescribed by regulation.\nA nomination under subsection (1) (e) or (fa) must be by signed notice given to the integrity commissioner.\nA nomination under subsection (1) (fa) ends 28 days after the start of the nomination.\nA regulation under subsection (1) (g) may prescribe the period for which the person, or a person of the class, is a designated person under this Act.\ns 12 amd 2012 No. 6 s 27 sch amdts 1(1)(b), (2), 2(1)(c), (2), 5; 2022 No. 34 s 365 sch 3 ; 2022 No. 33 s 34 ; 2024 No. 3 s 30\n(sec.12-ssec.1) Each of the following persons is a designated person — a member of the Legislative Assembly; a statutory office holder; a chief executive of a public service entity; a senior executive; a chief executive of, or a senior executive equivalent employed in, a government entity who is nominated by the Minister responsible for administering the entity; a ministerial staff member who performs the role of chief of staff (however called) in the office of a Minister; a person, or a person within a class of persons, nominated by the Premier; a person, or a person within a class of persons, prescribed by regulation.\n(sec.12-ssec.2) A nomination under subsection (1) (e) or (fa) must be by signed notice given to the integrity commissioner.\n(sec.12-ssec.2A) A nomination under subsection (1) (fa) ends 28 days after the start of the nomination.\n(sec.12-ssec.3) A regulation under subsection (1) (g) may prescribe the period for which the person, or a person of the class, is a designated person under this Act.\n- (a) a member of the Legislative Assembly;\n- (b) a statutory office holder;\n- (c) a chief executive of a public service entity;\n- (d) a senior executive;\n- (e) a chief executive of, or a senior executive equivalent employed in, a government entity who is nominated by the Minister responsible for administering the entity;\n- (f) a ministerial staff member who performs the role of chief of staff (however called) in the office of a Minister;\n- (fa) a person, or a person within a class of persons, nominated by the Premier;\n- (g) a person, or a person within a class of persons, prescribed by regulation.","sortOrder":4},{"sectionNumber":"sec.12A","sectionType":"section","heading":"Meaning of ministerial advisor","content":"### sec.12A Meaning of ministerial advisor\n\nA ministerial advisor is—\na ministerial staff member who gives, or a person engaged to give, advice to a Minister; or\nan assistant minister staff member who gives, or a person engaged to give, advice to an Assistant Minister.\nHowever, a person who is a designated person is not a ministerial advisor .\ns 12A ins 2022 No. 33 s 35\n(sec.12A-ssec.1) A ministerial advisor is— a ministerial staff member who gives, or a person engaged to give, advice to a Minister; or an assistant minister staff member who gives, or a person engaged to give, advice to an Assistant Minister.\n(sec.12A-ssec.2) However, a person who is a designated person is not a ministerial advisor .\n- (a) a ministerial staff member who gives, or a person engaged to give, advice to a Minister; or\n- (b) an assistant minister staff member who gives, or a person engaged to give, advice to an Assistant Minister.","sortOrder":5},{"sectionNumber":"sec.13","sectionType":"section","heading":"Meaning of information","content":"### sec.13 Meaning of information\n\nInformation , in this chapter, includes a document.","sortOrder":6},{"sectionNumber":"ch.3-pt.2","sectionType":"part","heading":"Advice for designated persons on ethics or integrity issues","content":"# Advice for designated persons on ethics or integrity issues","sortOrder":7},{"sectionNumber":"ch.3-pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":8},{"sectionNumber":"sec.14","sectionType":"section","heading":"Application of pt 2","content":"### sec.14 Application of pt 2\n\nThis part does not apply in relation to advice for a member of the Legislative Assembly on interests issues.\nPart 3 applies in relation to advice for a member on interests issues.","sortOrder":9},{"sectionNumber":"sec.15","sectionType":"section","heading":"Request for advice","content":"### sec.15 Request for advice\n\nA designated person (the advisee ) may, by written request to the integrity commissioner, ask for the integrity commissioner’s advice on an ethics or integrity issue involving the person.\nAlso, a particular designated person, former designated person or former ministerial advisor (also the advisee ) may, by written request to the integrity commissioner, ask for the integrity commissioner’s advice on an ethics or integrity issue as provided for by sections 16 to 20D .\nHowever, a designated person under section 12 (1) (f) may ask for advice under subsection (1) only if the designated person has given notice of the request to the Minister in whose office the person is employed.\nThe advisee must disclose to the integrity commissioner all information relevant to the ethics or integrity issue.\nThe integrity commissioner may ask the advisee for further information for the purpose of giving the advice on the ethics or integrity issue.\nTo remove any doubt, it is declared that, subject to sections 16 , 20A and 20D , the integrity commissioner’s advice must not be requested by or about a person who has been, but is not presently, a designated person or ministerial advisor.\ns 15 amd 2010 No. 37 s 34 ; 2019 No. 9 s 50 ; 2022 No. 33 s 37 ; 2024 No. 3 s 31\n(sec.15-ssec.1) A designated person (the advisee ) may, by written request to the integrity commissioner, ask for the integrity commissioner’s advice on an ethics or integrity issue involving the person.\n(sec.15-ssec.2) Also, a particular designated person, former designated person or former ministerial advisor (also the advisee ) may, by written request to the integrity commissioner, ask for the integrity commissioner’s advice on an ethics or integrity issue as provided for by sections 16 to 20D .\n(sec.15-ssec.3) However, a designated person under section 12 (1) (f) may ask for advice under subsection (1) only if the designated person has given notice of the request to the Minister in whose office the person is employed.\n(sec.15-ssec.4) The advisee must disclose to the integrity commissioner all information relevant to the ethics or integrity issue.\n(sec.15-ssec.5) The integrity commissioner may ask the advisee for further information for the purpose of giving the advice on the ethics or integrity issue.\n(sec.15-ssec.6) To remove any doubt, it is declared that, subject to sections 16 , 20A and 20D , the integrity commissioner’s advice must not be requested by or about a person who has been, but is not presently, a designated person or ministerial advisor.","sortOrder":10},{"sectionNumber":"ch.3-pt.2-div.2","sectionType":"division","heading":"Requests about designated persons","content":"## Requests about designated persons","sortOrder":11},{"sectionNumber":"sec.16","sectionType":"section","heading":"Request by Premier","content":"### sec.16 Request by Premier\n\nThe Premier may ask for the integrity commissioner’s advice on—\nan ethics or integrity issue involving any person who is, or has been, a designated person other than a non-government member; or\nstandard setting for ethics or integrity issues.\ns 16 amd 2010 No. 37 s 35\n- (a) an ethics or integrity issue involving any person who is, or has been, a designated person other than a non-government member; or\n- (b) standard setting for ethics or integrity issues.","sortOrder":12},{"sectionNumber":"sec.17","sectionType":"section","heading":"Request by Minister","content":"### sec.17 Request by Minister\n\nA Minister who is not the Premier may ask for the integrity commissioner’s advice on an ethics or integrity issue involving a designated person who is—\na statutory office holder whose office is established under an Act administered by the Minister; or\nthe chief executive of a public service entity administered by the Minister or a senior executive employed in the public service entity; or\na chief executive of a government entity, or a senior executive equivalent employed in a government entity, nominated by the Minister under section 12 (1) (e) ; or\nmentioned in section 12 (1) (f) ; or\na designated person under section 12 (1) (g) .\ns 17 amd 2022 No. 34 s 365 sch 3 ; 2022 No. 33 s 39 ; 2024 No. 3 s 32\n- (a) a statutory office holder whose office is established under an Act administered by the Minister; or\n- (b) the chief executive of a public service entity administered by the Minister or a senior executive employed in the public service entity; or\n- (c) a chief executive of a government entity, or a senior executive equivalent employed in a government entity, nominated by the Minister under section 12 (1) (e) ; or\n- (d) mentioned in section 12 (1) (f) ; or\n- (e) a designated person under section 12 (1) (g) .","sortOrder":13},{"sectionNumber":"sec.18","sectionType":"section","heading":null,"content":"### Section sec.18\n\ns 18 amd 2012 No. 6 s 27 sch amdts 1(1)(b), (2), 3\nom 2022 No. 33 s 40","sortOrder":14},{"sectionNumber":"sec.19","sectionType":"section","heading":"Request by Leader of the Opposition","content":"### sec.19 Request by Leader of the Opposition\n\nThe Leader of the Opposition may ask for the integrity commissioner’s advice on an ethics or integrity issue involving a non-government member who is a member of the political party to which the Leader of the Opposition belongs.","sortOrder":15},{"sectionNumber":"sec.20","sectionType":"section","heading":"Request by chief executive","content":"### sec.20 Request by chief executive\n\nThe chief executive of a public service entity may ask for the integrity commissioner’s advice on an ethics or integrity issue involving a designated person employed in the public service entity.\nThe chief executive of a government entity who is nominated by the Minister under section 12 (1) (e) may ask for the integrity commissioner’s advice on an ethics or integrity issue involving a senior executive equivalent who is—\nnominated by the Minister under section 12 (1) (e) ; and\nemployed in the entity managed by the chief executive.\ns 20 amd 2022 No. 34 s 365 sch 3 ; 2024 No. 3 s 33\n(sec.20-ssec.1) The chief executive of a public service entity may ask for the integrity commissioner’s advice on an ethics or integrity issue involving a designated person employed in the public service entity.\n(sec.20-ssec.2) The chief executive of a government entity who is nominated by the Minister under section 12 (1) (e) may ask for the integrity commissioner’s advice on an ethics or integrity issue involving a senior executive equivalent who is— nominated by the Minister under section 12 (1) (e) ; and employed in the entity managed by the chief executive.\n- (a) nominated by the Minister under section 12 (1) (e) ; and\n- (b) employed in the entity managed by the chief executive.","sortOrder":16},{"sectionNumber":"ch.3-pt.2-div.3","sectionType":"division","heading":"Requests about other persons","content":"## Requests about other persons","sortOrder":17},{"sectionNumber":"sec.20A","sectionType":"section","heading":"Request by former designated person","content":"### sec.20A Request by former designated person\n\nWithin 2 years after ceasing to be a designated person, a person may ask for the integrity commissioner’s advice on an ethics or integrity issue involving the person that arises from a post-separation obligation.\nIn this section—\npost-separation obligation means—\nan obligation (including an obligation under an Act, contract of employment, directive, policy or code of conduct) that—\napplies to the person because the person was, but is no longer, a designated person; and\nrelates to contact with a government representative or Opposition representative; or\nan obligation applying to the person under section 62 .\ns 20A ins 2019 No. 9 s 51\namd 2024 No. 3 s 73 sch 1\n(sec.20A-ssec.1) Within 2 years after ceasing to be a designated person, a person may ask for the integrity commissioner’s advice on an ethics or integrity issue involving the person that arises from a post-separation obligation.\n(sec.20A-ssec.2) In this section— post-separation obligation means— an obligation (including an obligation under an Act, contract of employment, directive, policy or code of conduct) that— applies to the person because the person was, but is no longer, a designated person; and relates to contact with a government representative or Opposition representative; or an obligation applying to the person under section 62 .\n- (a) an obligation (including an obligation under an Act, contract of employment, directive, policy or code of conduct) that— (i) applies to the person because the person was, but is no longer, a designated person; and (ii) relates to contact with a government representative or Opposition representative; or\n- (i) applies to the person because the person was, but is no longer, a designated person; and\n- (ii) relates to contact with a government representative or Opposition representative; or\n- (b) an obligation applying to the person under section 62 .\n- (i) applies to the person because the person was, but is no longer, a designated person; and\n- (ii) relates to contact with a government representative or Opposition representative; or","sortOrder":18},{"sectionNumber":"sec.20B","sectionType":"section","heading":"Request by Minister about ministerial advisor","content":"### sec.20B Request by Minister about ministerial advisor\n\nA Minister may ask for the integrity commissioner’s advice on an ethics or integrity issue involving a ministerial advisor who gives advice to the Minister.\ns 20B ins 2022 No. 33 s 42","sortOrder":19},{"sectionNumber":"sec.20C","sectionType":"section","heading":"Request by Assistant Minister about ministerial advisor","content":"### sec.20C Request by Assistant Minister about ministerial advisor\n\nAn Assistant Minister may ask for the integrity commissioner’s advice on an ethics or integrity issue involving a ministerial advisor who gives advice to the Assistant Minister.\ns 20C ins 2022 No. 33 s 42","sortOrder":20},{"sectionNumber":"sec.20CA","sectionType":"section","heading":"Request by chief of staff about ministerial adviser","content":"### sec.20CA Request by chief of staff about ministerial adviser\n\nA chief of staff (however called) in the office of a Minister or Assistant Minister may ask for the integrity commissioner’s advice on an ethics or integrity issue involving a ministerial advisor who gives advice to the Minister or Assistant Minister.\nHowever, a chief of staff may ask for advice under subsection (1) only if the chief of staff has given notice of the request to the Minister or Assistant Minister mentioned in subsection (1) .\ns 20CA ins 2024 No. 3 s 33A\n(sec.20CA-ssec.1) A chief of staff (however called) in the office of a Minister or Assistant Minister may ask for the integrity commissioner’s advice on an ethics or integrity issue involving a ministerial advisor who gives advice to the Minister or Assistant Minister.\n(sec.20CA-ssec.2) However, a chief of staff may ask for advice under subsection (1) only if the chief of staff has given notice of the request to the Minister or Assistant Minister mentioned in subsection (1) .","sortOrder":21},{"sectionNumber":"sec.20D","sectionType":"section","heading":"Request by former ministerial advisor","content":"### sec.20D Request by former ministerial advisor\n\nWithin 2 years after being a ministerial advisor, a person may ask for the integrity commissioner’s advice on an ethics or integrity issue involving the person that arises from a post-separation obligation.\nAlso, a ministerial adviser who may become a former ministerial adviser may ask for the integrity commissioner’s advice on an ethics or integrity issue involving the ministerial adviser that may arise from a post-separation obligation.\nIn this section—\npost-separation obligation means—\nan obligation (including an obligation under an Act, contract of employment, directive, policy or code of conduct) that—\napplies to the person because the person was, but is no longer, a ministerial advisor; and\nrelates to contact with a government representative or Opposition representative; or\nan obligation applying to the person under section 62 .\ns 20D ins 2022 No. 33 s 42\namd 2024 No. 3 ss 33B , 73 sch 1\n(sec.20D-ssec.1) Within 2 years after being a ministerial advisor, a person may ask for the integrity commissioner’s advice on an ethics or integrity issue involving the person that arises from a post-separation obligation.\n(sec.20D-ssec.1A) Also, a ministerial adviser who may become a former ministerial adviser may ask for the integrity commissioner’s advice on an ethics or integrity issue involving the ministerial adviser that may arise from a post-separation obligation.\n(sec.20D-ssec.2) In this section— post-separation obligation means— an obligation (including an obligation under an Act, contract of employment, directive, policy or code of conduct) that— applies to the person because the person was, but is no longer, a ministerial advisor; and relates to contact with a government representative or Opposition representative; or an obligation applying to the person under section 62 .\n- (a) an obligation (including an obligation under an Act, contract of employment, directive, policy or code of conduct) that— (i) applies to the person because the person was, but is no longer, a ministerial advisor; and (ii) relates to contact with a government representative or Opposition representative; or\n- (i) applies to the person because the person was, but is no longer, a ministerial advisor; and\n- (ii) relates to contact with a government representative or Opposition representative; or\n- (b) an obligation applying to the person under section 62 .\n- (i) applies to the person because the person was, but is no longer, a ministerial advisor; and\n- (ii) relates to contact with a government representative or Opposition representative; or","sortOrder":22},{"sectionNumber":"ch.3-pt.2-div.4","sectionType":"division","heading":"Advice","content":"## Advice","sortOrder":23},{"sectionNumber":"sec.21","sectionType":"section","heading":"Advice","content":"### sec.21 Advice\n\nIf, under section 15 , a designated person, former designated person or former ministerial advisor (each an advisee ) asks the integrity commissioner for advice on an integrity or ethics issue, the integrity commissioner must give the advisee advice on the issue.\nThe integrity commissioner must give the advice in writing.\nFor giving the advice, the integrity commissioner—\nmust have regard to the following—\napproved codes of conduct and approved standards of practice under the Public Sector Ethics Act 1994 ;\nethical standards or codes of conduct adopted by the Legislative Assembly by resolution;\nethical standards or codes of conduct approved by the Premier for Ministers; and\nmay have regard to other ethical standards the integrity commissioner considers appropriate.\nHowever, subsection (1) does not apply if the integrity commissioner—\nreasonably believes—\nthe integrity commissioner does not have enough information in relation to the ethics or integrity issue to give the advice; or\nthe advice is asked for in circumstances where the giving of the advice would not be in keeping with the purpose of this Act; and\ngives the advisee written reasons for refusing to give the advice.\ns 21 amd 2010 No. 37 s 36 ; 2019 No. 9 s 52 ; 2022 No. 33 s 43\n(sec.21-ssec.1) If, under section 15 , a designated person, former designated person or former ministerial advisor (each an advisee ) asks the integrity commissioner for advice on an integrity or ethics issue, the integrity commissioner must give the advisee advice on the issue.\n(sec.21-ssec.2) The integrity commissioner must give the advice in writing.\n(sec.21-ssec.3) For giving the advice, the integrity commissioner— must have regard to the following— approved codes of conduct and approved standards of practice under the Public Sector Ethics Act 1994 ; ethical standards or codes of conduct adopted by the Legislative Assembly by resolution; ethical standards or codes of conduct approved by the Premier for Ministers; and may have regard to other ethical standards the integrity commissioner considers appropriate.\n(sec.21-ssec.4) However, subsection (1) does not apply if the integrity commissioner— reasonably believes— the integrity commissioner does not have enough information in relation to the ethics or integrity issue to give the advice; or the advice is asked for in circumstances where the giving of the advice would not be in keeping with the purpose of this Act; and gives the advisee written reasons for refusing to give the advice.\n- (a) must have regard to the following— (i) approved codes of conduct and approved standards of practice under the Public Sector Ethics Act 1994 ; (ii) ethical standards or codes of conduct adopted by the Legislative Assembly by resolution; (iii) ethical standards or codes of conduct approved by the Premier for Ministers; and\n- (i) approved codes of conduct and approved standards of practice under the Public Sector Ethics Act 1994 ;\n- (ii) ethical standards or codes of conduct adopted by the Legislative Assembly by resolution;\n- (iii) ethical standards or codes of conduct approved by the Premier for Ministers; and\n- (b) may have regard to other ethical standards the integrity commissioner considers appropriate.\n- (i) approved codes of conduct and approved standards of practice under the Public Sector Ethics Act 1994 ;\n- (ii) ethical standards or codes of conduct adopted by the Legislative Assembly by resolution;\n- (iii) ethical standards or codes of conduct approved by the Premier for Ministers; and\n- (a) reasonably believes— (i) the integrity commissioner does not have enough information in relation to the ethics or integrity issue to give the advice; or (ii) the advice is asked for in circumstances where the giving of the advice would not be in keeping with the purpose of this Act; and\n- (i) the integrity commissioner does not have enough information in relation to the ethics or integrity issue to give the advice; or\n- (ii) the advice is asked for in circumstances where the giving of the advice would not be in keeping with the purpose of this Act; and\n- (b) gives the advisee written reasons for refusing to give the advice.\n- (i) the integrity commissioner does not have enough information in relation to the ethics or integrity issue to give the advice; or\n- (ii) the advice is asked for in circumstances where the giving of the advice would not be in keeping with the purpose of this Act; and","sortOrder":24},{"sectionNumber":"ch.3-pt.3","sectionType":"part","heading":"Meeting with and advice for members of Legislative Assembly on interests issues","content":"# Meeting with and advice for members of Legislative Assembly on interests issues","sortOrder":25},{"sectionNumber":"sec.22","sectionType":"section","heading":"Meeting","content":"### sec.22 Meeting\n\nA member of the Legislative Assembly may request a meeting with the integrity commissioner on interests issues for the member.\nThe member must disclose to the integrity commissioner all information relevant to the interests issues.\nThe integrity commissioner may ask the member of the Legislative Assembly for further information for the purpose of having the meeting or giving advice on the interests issues.\n(sec.22-ssec.1) A member of the Legislative Assembly may request a meeting with the integrity commissioner on interests issues for the member.\n(sec.22-ssec.2) The member must disclose to the integrity commissioner all information relevant to the interests issues.\n(sec.22-ssec.3) The integrity commissioner may ask the member of the Legislative Assembly for further information for the purpose of having the meeting or giving advice on the interests issues.","sortOrder":26},{"sectionNumber":"sec.23","sectionType":"section","heading":"Advice","content":"### sec.23 Advice\n\nIf a member of the Legislative Assembly meets with the integrity commissioner on interests issues, the integrity commissioner must give the member advice on the interests issues.\nThe integrity commissioner may give the advice orally or in writing.\nFor giving the advice, the integrity commissioner—\nmust have regard to the following—\napproved codes of conduct and approved standards of practice under the Public Sector Ethics Act 1994 ;\nethical standards or codes of conduct adopted by the Legislative Assembly by resolution;\nethical standards or codes of conduct approved by the Premier for Ministers; and\nmay have regard to other ethical standards the integrity commissioner considers appropriate.\nHowever, subsection (1) does not apply if the integrity commissioner—\nreasonably believes—\nthe integrity commissioner does not have enough information in relation to the interests issues to give the advice; or\nthe advice is asked for in circumstances where the giving of the advice would not be in keeping with the purpose of this Act; and\ngives the member written reasons for refusing to give the advice.\ns 23 amd 2010 No. 37 s 37\n(sec.23-ssec.1) If a member of the Legislative Assembly meets with the integrity commissioner on interests issues, the integrity commissioner must give the member advice on the interests issues.\n(sec.23-ssec.2) The integrity commissioner may give the advice orally or in writing.\n(sec.23-ssec.3) For giving the advice, the integrity commissioner— must have regard to the following— approved codes of conduct and approved standards of practice under the Public Sector Ethics Act 1994 ; ethical standards or codes of conduct adopted by the Legislative Assembly by resolution; ethical standards or codes of conduct approved by the Premier for Ministers; and may have regard to other ethical standards the integrity commissioner considers appropriate.\n(sec.23-ssec.4) However, subsection (1) does not apply if the integrity commissioner— reasonably believes— the integrity commissioner does not have enough information in relation to the interests issues to give the advice; or the advice is asked for in circumstances where the giving of the advice would not be in keeping with the purpose of this Act; and gives the member written reasons for refusing to give the advice.\n- (a) must have regard to the following— (i) approved codes of conduct and approved standards of practice under the Public Sector Ethics Act 1994 ; (ii) ethical standards or codes of conduct adopted by the Legislative Assembly by resolution; (iii) ethical standards or codes of conduct approved by the Premier for Ministers; and\n- (i) approved codes of conduct and approved standards of practice under the Public Sector Ethics Act 1994 ;\n- (ii) ethical standards or codes of conduct adopted by the Legislative Assembly by resolution;\n- (iii) ethical standards or codes of conduct approved by the Premier for Ministers; and\n- (b) may have regard to other ethical standards the integrity commissioner considers appropriate.\n- (i) approved codes of conduct and approved standards of practice under the Public Sector Ethics Act 1994 ;\n- (ii) ethical standards or codes of conduct adopted by the Legislative Assembly by resolution;\n- (iii) ethical standards or codes of conduct approved by the Premier for Ministers; and\n- (a) reasonably believes— (i) the integrity commissioner does not have enough information in relation to the interests issues to give the advice; or (ii) the advice is asked for in circumstances where the giving of the advice would not be in keeping with the purpose of this Act; and\n- (i) the integrity commissioner does not have enough information in relation to the interests issues to give the advice; or\n- (ii) the advice is asked for in circumstances where the giving of the advice would not be in keeping with the purpose of this Act; and\n- (b) gives the member written reasons for refusing to give the advice.\n- (i) the integrity commissioner does not have enough information in relation to the interests issues to give the advice; or\n- (ii) the advice is asked for in circumstances where the giving of the advice would not be in keeping with the purpose of this Act; and","sortOrder":27},{"sectionNumber":"ch.3-pt.4","sectionType":"part","heading":"Confidentiality and protection","content":"# Confidentiality and protection","sortOrder":28},{"sectionNumber":"ch.3-pt.4-div.1","sectionType":"division","heading":"Secrecy","content":"## Secrecy","sortOrder":29},{"sectionNumber":"sec.24","sectionType":"section","heading":"Secrecy","content":"### sec.24 Secrecy\n\nA person must not record, use or disclose information in relation to an ethics or integrity issue about another person that came to the person’s knowledge because of the person’s involvement in the administration of this chapter.\nMaximum penalty—85 penalty units or 1 year’s imprisonment.\nSubsection (1) does not apply to a person’s recording, use or disclosure of information if the recording, use or disclosure is—\nin the performance of his or her functions under this chapter; or\nauthorised under this or another Act.\nA person who is or has been involved in the administration of this chapter is not, in any proceeding, compellable to disclose information in relation to an ethics or integrity issue about another person that came to the person’s knowledge because of the person’s involvement in the administration of this chapter.\n(sec.24-ssec.1) A person must not record, use or disclose information in relation to an ethics or integrity issue about another person that came to the person’s knowledge because of the person’s involvement in the administration of this chapter. Maximum penalty—85 penalty units or 1 year’s imprisonment.\n(sec.24-ssec.2) Subsection (1) does not apply to a person’s recording, use or disclosure of information if the recording, use or disclosure is— in the performance of his or her functions under this chapter; or authorised under this or another Act.\n(sec.24-ssec.3) A person who is or has been involved in the administration of this chapter is not, in any proceeding, compellable to disclose information in relation to an ethics or integrity issue about another person that came to the person’s knowledge because of the person’s involvement in the administration of this chapter.\n- (a) in the performance of his or her functions under this chapter; or\n- (b) authorised under this or another Act.","sortOrder":30},{"sectionNumber":"ch.3-pt.4-div.2","sectionType":"division","heading":"Authorised disclosures—ethics or integrity issue","content":"## Authorised disclosures—ethics or integrity issue","sortOrder":31},{"sectionNumber":"sec.25","sectionType":"section","heading":"Definitions for division","content":"### sec.25 Definitions for division\n\nIn this division—\ndesignated person to whom a relevant document relates ...\ns 25 def designated person to whom a relevant document relates om 2022 No. 33 s 44 (1)\nperson to whom a relevant document relates means the designated person or ministerial advisor involved in an ethics or integrity issue and to whom the relevant document relates.\ns 25 def person to whom a relevant document relates ins 2022 No. 33 s 44 (2)\nrelevant document , for an ethics or integrity issue, means each of the following documents—\nthe request under section 15 for advice on the ethics or integrity issue;\nany information given to the integrity commissioner under section 15 (5) ;\nany further information requested by the integrity commissioner under section 15 (6) and given to the integrity commissioner;\nany written advice given by the integrity commissioner on the ethics or integrity issue;\nany written reasons of the integrity commissioner for refusing to give the advice.\ns 25 def relevant document amd 2024 No. 3 s 73 sch 1\ns 25 amd 2019 No. 9 s 53\n- (a) the request under section 15 for advice on the ethics or integrity issue;\n- (b) any information given to the integrity commissioner under section 15 (5) ;\n- (c) any further information requested by the integrity commissioner under section 15 (6) and given to the integrity commissioner;\n- (d) any written advice given by the integrity commissioner on the ethics or integrity issue;\n- (e) any written reasons of the integrity commissioner for refusing to give the advice.","sortOrder":32},{"sectionNumber":"sec.26","sectionType":"section","heading":"Disclosure","content":"### sec.26 Disclosure\n\nThis section applies if a designated person, former designated person or former ministerial advisor makes a request under section 15 for advice on an ethics or integrity issue.\nA relevant document for the ethics or integrity issue may be disclosed under this division.\nTo remove any doubt, it is declared that the integrity commissioner must not disclose a relevant document relating to a person who has been, but is not presently, a designated person or ministerial advisor, other than under section 28 .\ns 26 amd 2019 No. 9 s 54 ; 2022 No. 33 s 45\n(sec.26-ssec.1) This section applies if a designated person, former designated person or former ministerial advisor makes a request under section 15 for advice on an ethics or integrity issue.\n(sec.26-ssec.2) A relevant document for the ethics or integrity issue may be disclosed under this division.\n(sec.26-ssec.3) To remove any doubt, it is declared that the integrity commissioner must not disclose a relevant document relating to a person who has been, but is not presently, a designated person or ministerial advisor, other than under section 28 .","sortOrder":33},{"sectionNumber":"sec.27","sectionType":"section","heading":"Disclosure by person to whom a relevant document relates","content":"### sec.27 Disclosure by person to whom a relevant document relates\n\nA person to whom a relevant document relates may disclose the document.\ns 27 amd 2022 No. 33 s 46","sortOrder":34},{"sectionNumber":"sec.28","sectionType":"section","heading":"Disclosure to person to whom a relevant document relates","content":"### sec.28 Disclosure to person to whom a relevant document relates\n\nThe integrity commissioner may disclose a relevant document to the person to whom the relevant document relates.\ns 28 amd 2022 No. 33 s 47","sortOrder":35},{"sectionNumber":"sec.29","sectionType":"section","heading":"Disclosure to Premier","content":"### sec.29 Disclosure to Premier\n\nThe integrity commissioner must give to the Premier a copy of a relevant document relating to a particular designated person, other than a non-government member, a senior executive or a senior executive equivalent, if—\nthe Premier asks for a copy of the document; or\nthe integrity commissioner reasonably believes the designated person has an actual or perceived, and significant, ethics or integrity issue.\nThe integrity commissioner may give a copy of a relevant document to the Premier under subsection (1) (b) only if—\nthe integrity commissioner gives the designated person written advice that the integrity commissioner has the belief mentioned in subsection (1) (b) and is required to give a copy of the document to the Premier; and\nthe designated person fails to resolve the issue to the integrity commissioner’s satisfaction within 5 business days after being given the advice.\ns 29 amd 2010 No. 37 s 38 ; 2024 No. 3 s 34\n(sec.29-ssec.1) The integrity commissioner must give to the Premier a copy of a relevant document relating to a particular designated person, other than a non-government member, a senior executive or a senior executive equivalent, if— the Premier asks for a copy of the document; or the integrity commissioner reasonably believes the designated person has an actual or perceived, and significant, ethics or integrity issue.\n(sec.29-ssec.2) The integrity commissioner may give a copy of a relevant document to the Premier under subsection (1) (b) only if— the integrity commissioner gives the designated person written advice that the integrity commissioner has the belief mentioned in subsection (1) (b) and is required to give a copy of the document to the Premier; and the designated person fails to resolve the issue to the integrity commissioner’s satisfaction within 5 business days after being given the advice.\n- (a) the Premier asks for a copy of the document; or\n- (b) the integrity commissioner reasonably believes the designated person has an actual or perceived, and significant, ethics or integrity issue.\n- (a) the integrity commissioner gives the designated person written advice that the integrity commissioner has the belief mentioned in subsection (1) (b) and is required to give a copy of the document to the Premier; and\n- (b) the designated person fails to resolve the issue to the integrity commissioner’s satisfaction within 5 business days after being given the advice.","sortOrder":36},{"sectionNumber":"sec.30","sectionType":"section","heading":"Disclosure to Minister","content":"### sec.30 Disclosure to Minister\n\nThe integrity commissioner must give to a Minister a copy of a relevant document relating to a particular designated person, other than a senior executive or a senior executive equivalent or a ministerial advisor who gives advice to the Minister, if—\nthe Minister asks for a copy of the document; and\nthe person is a person about whom the Minister may request advice under section 17 or 20B .\ns 30 amd 2022 No. 33 s 48 ; 2024 No. 3 s 35\n- (a) the Minister asks for a copy of the document; and\n- (b) the person is a person about whom the Minister may request advice under section 17 or 20B .","sortOrder":37},{"sectionNumber":"sec.32","sectionType":"section","heading":"Disclosure to Leader of the Opposition","content":"### sec.32 Disclosure to Leader of the Opposition\n\nThe integrity commissioner must give to the Leader of the Opposition a copy of a relevant document relating to a non-government member who is a member of the political party to which the Leader of the Opposition belongs, if—\nthe Leader of the Opposition asks for a copy of the document; or\nthe integrity commissioner reasonably believes the person has an actual or perceived, and significant, ethics or integrity issue.\nThe integrity commissioner may give a copy of a relevant document to the Leader of the Opposition under subsection (1) (b) only if—\nthe integrity commissioner gives the designated person written advice that the integrity commissioner has the belief mentioned in subsection (1) (b) and is required to give a copy of the document to the Leader of the Opposition; and\nthe designated person fails to resolve the issue to the integrity commissioner’s satisfaction within 5 business days after being given the advice.\ns 32 amd 2010 No. 37 s 39\n(sec.32-ssec.1) The integrity commissioner must give to the Leader of the Opposition a copy of a relevant document relating to a non-government member who is a member of the political party to which the Leader of the Opposition belongs, if— the Leader of the Opposition asks for a copy of the document; or the integrity commissioner reasonably believes the person has an actual or perceived, and significant, ethics or integrity issue.\n(sec.32-ssec.2) The integrity commissioner may give a copy of a relevant document to the Leader of the Opposition under subsection (1) (b) only if— the integrity commissioner gives the designated person written advice that the integrity commissioner has the belief mentioned in subsection (1) (b) and is required to give a copy of the document to the Leader of the Opposition; and the designated person fails to resolve the issue to the integrity commissioner’s satisfaction within 5 business days after being given the advice.\n- (a) the Leader of the Opposition asks for a copy of the document; or\n- (b) the integrity commissioner reasonably believes the person has an actual or perceived, and significant, ethics or integrity issue.\n- (a) the integrity commissioner gives the designated person written advice that the integrity commissioner has the belief mentioned in subsection (1) (b) and is required to give a copy of the document to the Leader of the Opposition; and\n- (b) the designated person fails to resolve the issue to the integrity commissioner’s satisfaction within 5 business days after being given the advice.","sortOrder":38},{"sectionNumber":"sec.33","sectionType":"section","heading":"Disclosure to chief executive officer","content":"### sec.33 Disclosure to chief executive officer\n\nThe integrity commissioner must give to the chief executive of a public service entity a copy of a relevant document relating to a particular designated person if—\nthe designated person is a person about whom the chief executive may request advice under section 20 (1) ; and\neither—\nthe chief executive asks for a copy of the document; or\nthe integrity commissioner reasonably believes the designated person has an actual or perceived, and significant, ethics or integrity issue.\nThe integrity commissioner must give to the chief executive of a government entity who is nominated by the Minister under section 12 (1) (e) a copy of a relevant document relating to a particular designated person if—\nthe designated person is a person about whom the chief executive may request advice under section 20 (2) ; and\neither—\nthe chief executive asks for a copy of the document; or\nthe integrity commissioner reasonably believes the designated person has an actual or perceived, and significant, ethics or integrity issue.\nThe integrity commissioner may give a copy of a relevant document to a chief executive under subsection (1) (b) (ii) or (2) (b) (ii) only if—\nthe integrity commissioner gives the designated person written advice that the integrity commissioner has the belief mentioned in subsection (1) (b) (ii) or (2) (b) (ii) and is required to give a copy of the document to the chief executive; and\nthe designated person fails to resolve the issue to the integrity commissioner’s satisfaction within 5 business days after being given the advice.\ns 33 amd 2010 No. 37 s 40 ; 2022 No. 34 s 365 sch 3\n(sec.33-ssec.1) The integrity commissioner must give to the chief executive of a public service entity a copy of a relevant document relating to a particular designated person if— the designated person is a person about whom the chief executive may request advice under section 20 (1) ; and either— the chief executive asks for a copy of the document; or the integrity commissioner reasonably believes the designated person has an actual or perceived, and significant, ethics or integrity issue.\n(sec.33-ssec.2) The integrity commissioner must give to the chief executive of a government entity who is nominated by the Minister under section 12 (1) (e) a copy of a relevant document relating to a particular designated person if— the designated person is a person about whom the chief executive may request advice under section 20 (2) ; and either— the chief executive asks for a copy of the document; or the integrity commissioner reasonably believes the designated person has an actual or perceived, and significant, ethics or integrity issue.\n(sec.33-ssec.3) The integrity commissioner may give a copy of a relevant document to a chief executive under subsection (1) (b) (ii) or (2) (b) (ii) only if— the integrity commissioner gives the designated person written advice that the integrity commissioner has the belief mentioned in subsection (1) (b) (ii) or (2) (b) (ii) and is required to give a copy of the document to the chief executive; and the designated person fails to resolve the issue to the integrity commissioner’s satisfaction within 5 business days after being given the advice.\n- (a) the designated person is a person about whom the chief executive may request advice under section 20 (1) ; and\n- (b) either— (i) the chief executive asks for a copy of the document; or (ii) the integrity commissioner reasonably believes the designated person has an actual or perceived, and significant, ethics or integrity issue.\n- (i) the chief executive asks for a copy of the document; or\n- (ii) the integrity commissioner reasonably believes the designated person has an actual or perceived, and significant, ethics or integrity issue.\n- (i) the chief executive asks for a copy of the document; or\n- (ii) the integrity commissioner reasonably believes the designated person has an actual or perceived, and significant, ethics or integrity issue.\n- (a) the designated person is a person about whom the chief executive may request advice under section 20 (2) ; and\n- (b) either— (i) the chief executive asks for a copy of the document; or (ii) the integrity commissioner reasonably believes the designated person has an actual or perceived, and significant, ethics or integrity issue.\n- (i) the chief executive asks for a copy of the document; or\n- (ii) the integrity commissioner reasonably believes the designated person has an actual or perceived, and significant, ethics or integrity issue.\n- (i) the chief executive asks for a copy of the document; or\n- (ii) the integrity commissioner reasonably believes the designated person has an actual or perceived, and significant, ethics or integrity issue.\n- (a) the integrity commissioner gives the designated person written advice that the integrity commissioner has the belief mentioned in subsection (1) (b) (ii) or (2) (b) (ii) and is required to give a copy of the document to the chief executive; and\n- (b) the designated person fails to resolve the issue to the integrity commissioner’s satisfaction within 5 business days after being given the advice.","sortOrder":39},{"sectionNumber":"sec.33A","sectionType":"section","heading":"Disclosure to Assistant Minister","content":"### sec.33A Disclosure to Assistant Minister\n\nThe integrity commissioner must give to an Assistant Minister a copy of a relevant document relating to a particular ministerial advisor who gives advice to the Assistant Minister if—\nthe Assistant Minister asks for a copy of the document; and\nthe person is a person about whom the Assistant Minister may request advice under section 20C .\ns 33A (prev s 31) amd 2012 No. 6 s 27 sch amdts 1(1)(b), (2), 2(1)(c), (2); 2022 No. 33 s 49 (1) – (2)\nrenum and reloc 2022 No. 33 s 49 (3)\n- (a) the Assistant Minister asks for a copy of the document; and\n- (b) the person is a person about whom the Assistant Minister may request advice under section 20C .","sortOrder":40},{"sectionNumber":"ch.3-pt.4-div.3","sectionType":"division","heading":"Authorised disclosures—interests issues","content":"## Authorised disclosures—interests issues","sortOrder":41},{"sectionNumber":"sec.34","sectionType":"section","heading":"Definitions for division","content":"### sec.34 Definitions for division\n\nIn this division—\nmember to whom a relevant document relates means the member of the Legislative Assembly involved in interests issues and to whom the relevant document relates.\ns 34 def member to whom a relevant document relates amd 2010 No. 37 s 41\nrelevant document , for interests issues, means each of the following documents—\nthe request under section 22 for a meeting with the integrity commissioner on the interests issues;\nany information given to the integrity commissioner under section 22 (2) ;\nany further information requested by the integrity commissioner under section 22 (3) and given to the integrity commissioner;\nany written advice given by the integrity commissioner on the interests issues;\nany written reasons of the integrity commissioner for refusing to give the advice.\n- (a) the request under section 22 for a meeting with the integrity commissioner on the interests issues;\n- (b) any information given to the integrity commissioner under section 22 (2) ;\n- (c) any further information requested by the integrity commissioner under section 22 (3) and given to the integrity commissioner;\n- (d) any written advice given by the integrity commissioner on the interests issues;\n- (e) any written reasons of the integrity commissioner for refusing to give the advice.","sortOrder":42},{"sectionNumber":"sec.35","sectionType":"section","heading":"Disclosure","content":"### sec.35 Disclosure\n\nThis section applies in relation to interests issues of a member of the Legislative Assembly.\nA relevant document for interests issues may be disclosed under this division.\n(sec.35-ssec.1) This section applies in relation to interests issues of a member of the Legislative Assembly.\n(sec.35-ssec.2) A relevant document for interests issues may be disclosed under this division.","sortOrder":43},{"sectionNumber":"sec.36","sectionType":"section","heading":"Disclosure by member to whom a relevant document relates","content":"### sec.36 Disclosure by member to whom a relevant document relates\n\nA person who is or has been the member to whom a relevant document relates may disclose the document.\ns 36 amd 2010 No. 37 s 42","sortOrder":44},{"sectionNumber":"sec.37","sectionType":"section","heading":"Disclosure to member to whom a relevant document relates","content":"### sec.37 Disclosure to member to whom a relevant document relates\n\nThe integrity commissioner may disclose a relevant document to the person who is or has been the member to whom the relevant document relates.","sortOrder":45},{"sectionNumber":"sec.38","sectionType":"section","heading":"Disclosure to Premier","content":"### sec.38 Disclosure to Premier\n\nThe integrity commissioner must give to the Premier a copy of a relevant document relating to a particular member of the Legislative Assembly, other than a non-government member, if—\nthe Premier asks for a copy of the document; or\nthe integrity commissioner reasonably believes the member has an actual or perceived, and significant, interests issue.\nThe integrity commissioner may give a copy of a relevant document to the Premier under subsection (1) (b) only if—\nthe integrity commissioner gives the member of the Legislative Assembly written advice that the integrity commissioner has the belief mentioned in subsection (1) (b) and is required to give a copy of the document to the Premier; and\nthe member fails to resolve the interests issue to the integrity commissioner’s satisfaction within 5 business days after being given the advice.\ns 38 amd 2010 No. 37 s 43\n(sec.38-ssec.1) The integrity commissioner must give to the Premier a copy of a relevant document relating to a particular member of the Legislative Assembly, other than a non-government member, if— the Premier asks for a copy of the document; or the integrity commissioner reasonably believes the member has an actual or perceived, and significant, interests issue.\n(sec.38-ssec.2) The integrity commissioner may give a copy of a relevant document to the Premier under subsection (1) (b) only if— the integrity commissioner gives the member of the Legislative Assembly written advice that the integrity commissioner has the belief mentioned in subsection (1) (b) and is required to give a copy of the document to the Premier; and the member fails to resolve the interests issue to the integrity commissioner’s satisfaction within 5 business days after being given the advice.\n- (a) the Premier asks for a copy of the document; or\n- (b) the integrity commissioner reasonably believes the member has an actual or perceived, and significant, interests issue.\n- (a) the integrity commissioner gives the member of the Legislative Assembly written advice that the integrity commissioner has the belief mentioned in subsection (1) (b) and is required to give a copy of the document to the Premier; and\n- (b) the member fails to resolve the interests issue to the integrity commissioner’s satisfaction within 5 business days after being given the advice.","sortOrder":46},{"sectionNumber":"sec.39","sectionType":"section","heading":"Disclosure to Leader of the Opposition","content":"### sec.39 Disclosure to Leader of the Opposition\n\nThe integrity commissioner must give to the Leader of the Opposition a copy of a relevant document relating to a non-government member who is a member of the political party to which the Leader of the Opposition belongs, if—\nthe Leader of the Opposition asks for a copy of the document; or\nthe integrity commissioner reasonably believes the member has an actual or perceived, and significant, interests issue.\nThe integrity commissioner may give a copy of a relevant document to the Leader of the Opposition under subsection (1) (b) only if—\nthe integrity commissioner gives the non-government member written advice that the integrity commissioner has the belief mentioned in subsection (1) (b) and is required to give a copy of the document to the Leader of the Opposition; and\nthe member fails to resolve the interests issue to the integrity commissioner’s satisfaction within 5 business days after being given the advice.\ns 39 amd 2010 No. 37 s 44\n(sec.39-ssec.1) The integrity commissioner must give to the Leader of the Opposition a copy of a relevant document relating to a non-government member who is a member of the political party to which the Leader of the Opposition belongs, if— the Leader of the Opposition asks for a copy of the document; or the integrity commissioner reasonably believes the member has an actual or perceived, and significant, interests issue.\n(sec.39-ssec.2) The integrity commissioner may give a copy of a relevant document to the Leader of the Opposition under subsection (1) (b) only if— the integrity commissioner gives the non-government member written advice that the integrity commissioner has the belief mentioned in subsection (1) (b) and is required to give a copy of the document to the Leader of the Opposition; and the member fails to resolve the interests issue to the integrity commissioner’s satisfaction within 5 business days after being given the advice.\n- (a) the Leader of the Opposition asks for a copy of the document; or\n- (b) the integrity commissioner reasonably believes the member has an actual or perceived, and significant, interests issue.\n- (a) the integrity commissioner gives the non-government member written advice that the integrity commissioner has the belief mentioned in subsection (1) (b) and is required to give a copy of the document to the Leader of the Opposition; and\n- (b) the member fails to resolve the interests issue to the integrity commissioner’s satisfaction within 5 business days after being given the advice.","sortOrder":47},{"sectionNumber":"ch.3-pt.4-div.4","sectionType":"division","heading":"Protection","content":"## Protection","sortOrder":48},{"sectionNumber":"sec.40","sectionType":"section","heading":"Limited protection for acting on conflict of interest advice","content":"### sec.40 Limited protection for acting on conflict of interest advice\n\nThis section applies if a designated person—\nasks under section 15 for the integrity commissioner’s advice on a conflict of interest issue involving the designated person; and\ndiscloses all relevant information in relation to the issue to the integrity commissioner when seeking the advice; and\ndoes an act to resolve the conflict substantially in accordance with the integrity commissioner’s advice on the issue.\nThe designated person is not liable in a civil proceeding or under an administrative process for the act taken by the person to resolve the conflict.\nTo remove any doubt, it is declared that subsection (2) does not affect the designated person’s liability for an act or omission done or made in connection with the conflict of interest issue before the person receives the integrity commissioner’s advice.\n(sec.40-ssec.1) This section applies if a designated person— asks under section 15 for the integrity commissioner’s advice on a conflict of interest issue involving the designated person; and discloses all relevant information in relation to the issue to the integrity commissioner when seeking the advice; and does an act to resolve the conflict substantially in accordance with the integrity commissioner’s advice on the issue.\n(sec.40-ssec.2) The designated person is not liable in a civil proceeding or under an administrative process for the act taken by the person to resolve the conflict.\n(sec.40-ssec.3) To remove any doubt, it is declared that subsection (2) does not affect the designated person’s liability for an act or omission done or made in connection with the conflict of interest issue before the person receives the integrity commissioner’s advice.\n- (a) asks under section 15 for the integrity commissioner’s advice on a conflict of interest issue involving the designated person; and\n- (b) discloses all relevant information in relation to the issue to the integrity commissioner when seeking the advice; and\n- (c) does an act to resolve the conflict substantially in accordance with the integrity commissioner’s advice on the issue.","sortOrder":49},{"sectionNumber":"ch.3A-pt.1","sectionType":"part","heading":"Ministers","content":"# Ministers","sortOrder":50},{"sectionNumber":"sec.40A","sectionType":"section","heading":"Conflicts of interest","content":"### sec.40A Conflicts of interest\n\nThis section applies if a Minister has an interest that conflicts or may conflict with the discharge of the Minister’s responsibilities.\nThe Minister must not, with intent to dishonestly obtain a benefit for the Minister or another person, or to dishonestly cause a detriment to another person, fail to disclose the nature of the interest and conflict to—\nfor a conflict relating to a matter being considered by Cabinet—Cabinet or, for a Minister other than the Premier, Cabinet or the Premier; or\nfor a conflict relating to a matter being considered by a committee of Cabinet—the committee or Cabinet or, for a Minister other than the Premier, the committee, Cabinet or the Premier; or\notherwise—Cabinet or, for a Minister other than the Premier, Cabinet or the Premier.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nIn this section—\nbenefit includes property, advantage, service, entertainment, the use of or access to property or facilities, and anything of benefit to a person whether or not it has any inherent or tangible value, purpose or attribute.\ndetriment , caused to a person, includes detriment caused to a person’s property.\ns 40A ins 2020 No. 20 s 62\n(sec.40A-ssec.1) This section applies if a Minister has an interest that conflicts or may conflict with the discharge of the Minister’s responsibilities.\n(sec.40A-ssec.2) The Minister must not, with intent to dishonestly obtain a benefit for the Minister or another person, or to dishonestly cause a detriment to another person, fail to disclose the nature of the interest and conflict to— for a conflict relating to a matter being considered by Cabinet—Cabinet or, for a Minister other than the Premier, Cabinet or the Premier; or for a conflict relating to a matter being considered by a committee of Cabinet—the committee or Cabinet or, for a Minister other than the Premier, the committee, Cabinet or the Premier; or otherwise—Cabinet or, for a Minister other than the Premier, Cabinet or the Premier. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.40A-ssec.3) In this section— benefit includes property, advantage, service, entertainment, the use of or access to property or facilities, and anything of benefit to a person whether or not it has any inherent or tangible value, purpose or attribute. detriment , caused to a person, includes detriment caused to a person’s property.\n- (a) for a conflict relating to a matter being considered by Cabinet—Cabinet or, for a Minister other than the Premier, Cabinet or the Premier; or\n- (b) for a conflict relating to a matter being considered by a committee of Cabinet—the committee or Cabinet or, for a Minister other than the Premier, the committee, Cabinet or the Premier; or\n- (c) otherwise—Cabinet or, for a Minister other than the Premier, Cabinet or the Premier.","sortOrder":51},{"sectionNumber":"sec.40B","sectionType":"section","heading":"Proceeding for offence against s 40A","content":"### sec.40B Proceeding for offence against s 40A\n\nAn offence against section 40A is a misdemeanour.\nA proceeding for an offence against section 40A may be started only with the written consent of the director of public prosecutions.\nA proceeding for an offence against section 40A may be taken, at the election of the prosecution—\nby way of summary proceeding under the Justices Act 1886 ; or\non indictment.\nHowever, a magistrate must not hear an indictable offence against section 40A summarily if the magistrate is satisfied, on an application made by the defence, that because of exceptional circumstances the offence should not be heard and decided summarily.\nFor examples of exceptional circumstances, see the examples stated in the Criminal Code , section 552D (2) .\nIf subsection (4) applies—\nthe court must stop treating the proceeding as a proceeding to hear and decide the charge summarily; and\nthe proceeding for the charge must be conducted as a committal proceeding; and\na plea of the defendant at the start of the hearing must be disregarded; and\nthe evidence already heard by the court is taken to be evidence in the committal proceeding; and\nthe Justices Act 1886 , section 104 must be complied with for the committal proceeding.\nA Magistrates Court that summarily deals with a charge of an offence against section 40A —\nmust be constituted by a magistrate; and\nhas jurisdiction despite the time that has elapsed from the time when the matter of complaint of the charge arose.\nIn this section—\ndirector of public prosecutions means the Director of Public Prosecutions appointed under the Director of Public Prosecutions Act 1984 .\ns 40B ins 2020 No. 20 s 62\n(sec.40B-ssec.1) An offence against section 40A is a misdemeanour.\n(sec.40B-ssec.2) A proceeding for an offence against section 40A may be started only with the written consent of the director of public prosecutions.\n(sec.40B-ssec.3) A proceeding for an offence against section 40A may be taken, at the election of the prosecution— by way of summary proceeding under the Justices Act 1886 ; or on indictment.\n(sec.40B-ssec.4) However, a magistrate must not hear an indictable offence against section 40A summarily if the magistrate is satisfied, on an application made by the defence, that because of exceptional circumstances the offence should not be heard and decided summarily. For examples of exceptional circumstances, see the examples stated in the Criminal Code , section 552D (2) .\n(sec.40B-ssec.5) If subsection (4) applies— the court must stop treating the proceeding as a proceeding to hear and decide the charge summarily; and the proceeding for the charge must be conducted as a committal proceeding; and a plea of the defendant at the start of the hearing must be disregarded; and the evidence already heard by the court is taken to be evidence in the committal proceeding; and the Justices Act 1886 , section 104 must be complied with for the committal proceeding.\n(sec.40B-ssec.6) A Magistrates Court that summarily deals with a charge of an offence against section 40A — must be constituted by a magistrate; and has jurisdiction despite the time that has elapsed from the time when the matter of complaint of the charge arose.\n(sec.40B-ssec.7) In this section— director of public prosecutions means the Director of Public Prosecutions appointed under the Director of Public Prosecutions Act 1984 .\n- (a) by way of summary proceeding under the Justices Act 1886 ; or\n- (b) on indictment.\n- (a) the court must stop treating the proceeding as a proceeding to hear and decide the charge summarily; and\n- (b) the proceeding for the charge must be conducted as a committal proceeding; and\n- (c) a plea of the defendant at the start of the hearing must be disregarded; and\n- (d) the evidence already heard by the court is taken to be evidence in the committal proceeding; and\n- (e) the Justices Act 1886 , section 104 must be complied with for the committal proceeding.\n- (a) must be constituted by a magistrate; and\n- (b) has jurisdiction despite the time that has elapsed from the time when the matter of complaint of the charge arose.","sortOrder":52},{"sectionNumber":"sec.40C","sectionType":"section","heading":"Use of information for investigation or prosecution","content":"### sec.40C Use of information for investigation or prosecution\n\nThis section applies to information about a person given to the integrity commissioner under this Act, including, for example—\ninformation given in a request for advice under chapter 3 , part 2 ; and\ninformation given in a meeting under chapter 3 , part 3 .\nThe information may be—\nrecorded, used and disclosed for the purpose of the investigation or prosecution of an offence against section 40A ; and\ngiven in a proceeding against a person for an offence against section 40A to the extent necessary to prosecute the person for the offence.\nSubsection (2) applies despite—\nsection 24 ; and\nany other law, rule or practice to the contrary.\ns 40C ins 2020 No. 20 s 62\n(sec.40C-ssec.1) This section applies to information about a person given to the integrity commissioner under this Act, including, for example— information given in a request for advice under chapter 3 , part 2 ; and information given in a meeting under chapter 3 , part 3 .\n(sec.40C-ssec.2) The information may be— recorded, used and disclosed for the purpose of the investigation or prosecution of an offence against section 40A ; and given in a proceeding against a person for an offence against section 40A to the extent necessary to prosecute the person for the offence.\n(sec.40C-ssec.3) Subsection (2) applies despite— section 24 ; and any other law, rule or practice to the contrary.\n- (a) information given in a request for advice under chapter 3 , part 2 ; and\n- (b) information given in a meeting under chapter 3 , part 3 .\n- (a) recorded, used and disclosed for the purpose of the investigation or prosecution of an offence against section 40A ; and\n- (b) given in a proceeding against a person for an offence against section 40A to the extent necessary to prosecute the person for the offence.\n- (a) section 24 ; and\n- (b) any other law, rule or practice to the contrary.","sortOrder":53},{"sectionNumber":"ch.3A-pt.2","sectionType":"part","heading":"Statutory office holders","content":"# Statutory office holders","sortOrder":54},{"sectionNumber":"sec.40D","sectionType":"section","heading":"Definition for part","content":"### sec.40D Definition for part\n\nIn this part—\nrelevant Minister means the Minister administering the Act under which a statutory office holder is appointed.\ns 40D (prev s 72B) ins 2010 No. 37 s 59\namd 2020 No. 20 s 64\nreloc and renum 2020 No. 20 s 65","sortOrder":55},{"sectionNumber":"sec.40E","sectionType":"section","heading":"Declaration of interests","content":"### sec.40E Declaration of interests\n\nThis section applies to the following on appointment—\na statutory office holder mentioned in schedule 1 ;\nanother statutory office holder prescribed under a regulation.\nAppointment includes reappointment. See the Acts Interpretation Act 1954 , schedule 1 , definition appoint .\nThe holder must, within 1 month, give the relevant Minister a statement about his or her interests.\nSee section 10 (2) for the meaning of a reference to an interest.\nThe statement must include the information required under the Public Sector Act 2022 , section 182 (3) .\nSubsections (5) and (6) apply if—\na change to the holder’s interests happens after the giving of the statement; and\nthe change is of a type mentioned in the Public Sector Act 2022 , section 182 (4) (b) .\nThe holder must give the relevant Minister a revised version of the statement.\nThe revised version must—\nbe given as soon as possible after the relevant facts about the change come to the holder’s knowledge; and\ncomply with subsection (3) .\ns 40E (prev s 72C) ins 2010 No. 37 s 59\namd 2013 No. 39 s 110 (1) s ch 3 pt 1\nreloc and renum 2020 No. 20 s 65\namd 2022 No. 33 s 50\n(sec.40E-ssec.1) This section applies to the following on appointment— a statutory office holder mentioned in schedule 1 ; another statutory office holder prescribed under a regulation. Appointment includes reappointment. See the Acts Interpretation Act 1954 , schedule 1 , definition appoint .\n(sec.40E-ssec.2) The holder must, within 1 month, give the relevant Minister a statement about his or her interests. See section 10 (2) for the meaning of a reference to an interest.\n(sec.40E-ssec.3) The statement must include the information required under the Public Sector Act 2022 , section 182 (3) .\n(sec.40E-ssec.4) Subsections (5) and (6) apply if— a change to the holder’s interests happens after the giving of the statement; and the change is of a type mentioned in the Public Sector Act 2022 , section 182 (4) (b) .\n(sec.40E-ssec.5) The holder must give the relevant Minister a revised version of the statement.\n(sec.40E-ssec.6) The revised version must— be given as soon as possible after the relevant facts about the change come to the holder’s knowledge; and comply with subsection (3) .\n- (a) a statutory office holder mentioned in schedule 1 ;\n- (b) another statutory office holder prescribed under a regulation.\n- (a) a change to the holder’s interests happens after the giving of the statement; and\n- (b) the change is of a type mentioned in the Public Sector Act 2022 , section 182 (4) (b) .\n- (a) be given as soon as possible after the relevant facts about the change come to the holder’s knowledge; and\n- (b) comply with subsection (3) .","sortOrder":56},{"sectionNumber":"sec.40F","sectionType":"section","heading":"Conflicts of interest","content":"### sec.40F Conflicts of interest\n\nIf a statutory office holder has an interest that conflicts or may conflict with the discharge of the holder’s responsibilities, the holder—\nmust disclose the nature of the interest and conflict to the relevant Minister as soon as practicable after the relevant facts come to the holder’s knowledge; and\nmust not take action or further action concerning a matter that is, or may be, affected by the conflict unless authorised by the relevant Minister.\nSee section 10 (2) for the meaning of a reference to an interest or to a conflict of interest.\nThe relevant Minister may direct a statutory office holder to resolve a conflict or possible conflict between an interest of the holder and the holder’s responsibilities.\ns 40F (prev s 72D) ins 2010 No. 37 s 59\nreloc and renum 2020 No. 20 s 65\n(sec.40F-ssec.1) If a statutory office holder has an interest that conflicts or may conflict with the discharge of the holder’s responsibilities, the holder— must disclose the nature of the interest and conflict to the relevant Minister as soon as practicable after the relevant facts come to the holder’s knowledge; and must not take action or further action concerning a matter that is, or may be, affected by the conflict unless authorised by the relevant Minister. See section 10 (2) for the meaning of a reference to an interest or to a conflict of interest.\n(sec.40F-ssec.2) The relevant Minister may direct a statutory office holder to resolve a conflict or possible conflict between an interest of the holder and the holder’s responsibilities.\n- (a) must disclose the nature of the interest and conflict to the relevant Minister as soon as practicable after the relevant facts come to the holder’s knowledge; and\n- (b) must not take action or further action concerning a matter that is, or may be, affected by the conflict unless authorised by the relevant Minister.","sortOrder":57},{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":58},{"sectionNumber":"sec.41","sectionType":"section","heading":"Definitions for chapter","content":"### sec.41 Definitions for chapter\n\nIn this chapter—\napproved training course means a course approved by the integrity commissioner under section 56 .\ncommunicate means communicate by any means, including, for example—\nin writing; and\nby meeting in person; and\nby post, telephone, email, instant messaging or another form of electronic communication.\ncouncillor means a councillor of a local government under the City of Brisbane Act 2010 or the Local Government Act 2009 .\nelection means an election of a member or members of the Legislative Assembly.\nemployee , of an entity, includes a person contracted or otherwise engaged by the entity.\nformer Opposition representative see section 60 .\nformer representative see section 61 .\nformer senior government representative see section 59 .\ngovernment representative see section 44 .\nlisted person , for an entity, means an officer or employee of the entity—\nwho carries out a lobbying activity for the entity; and\nis registered as a lobbyist under part 3 in that capacity.\nlobbying activity see section 42 .\nlobbying register see section 66L (1) .\nofficer , of an entity, means a person who—\nholds an office, or position of authority, in the entity; or\ncarries out, or has a duty to carry out, the functions of an office of the entity; or\nhas a right to participate in the administration or management of the affairs of the entity.\nofficial dealings , in relation to a person who is a former representative, means any of the following dealings that the person engaged in as part of the person’s ordinary duties on a regular basis—\ngovernment or Opposition business or activities;\nnegotiations, briefings, contracts and the making or receipt of representations relating to government or Opposition business or activities.\nOpposition representative see section 45 .\npublic sector officer means a person who is an officer or employee of any of the following entities—\na public sector entity under the Public Sector Act 2022 , section 8 ;\na local government;\na corporate entity under the Local Government Act 2009 ;\nthe parliamentary service;\na government owned corporation;\na rail government entity under the Transport Infrastructure Act 1994 ;\nan entity, prescribed by regulation, that is assisted by public funds.\nrecorded particulars , of a registered lobbyist, means the information relating to the lobbyist given to the integrity commissioner under section 50 , 52 , 65 or 66 and recorded on the lobbying register.\nregistered lobbyist means an entity recorded in the lobbying register as a registered lobbyist.\nregistered lobbyists code of conduct see section 55 .\nrepresentative means—\na government representative; or\nan Opposition representative.\nsubstantial role , in the election campaign of a political party—\nmeans a role at a senior level, whether paid or unpaid that—\ninvolves employment or engagement by the party; and\nincorporates significant involvement in the party’s election strategy or policy development; and\ndoes not include any of the following—\ngeneral membership of the party;\nvolunteering for, or advising, a particular candidate;\ndoor knocking, placing documents in letter boxes or other campaign communications;\nmedia liaison;\nhanding out how to vote material.\nthird party client means an entity that engages another entity to provide services constituting, or including, a lobbying activity for a commission, payment or other reward, whether pecuniary or otherwise, that is agreed to before the other entity provides the services.\ns 41 amd 2010 No. 37 s 45 ; 2012 No. 45 s 14 ; 2013 No. 39 s 43 sch 1\nsub 2024 No. 3 s 36\n- (a) in writing; and\n- (b) by meeting in person; and\n- (c) by post, telephone, email, instant messaging or another form of electronic communication.\n- (a) who carries out a lobbying activity for the entity; and\n- (b) is registered as a lobbyist under part 3 in that capacity.\n- (a) holds an office, or position of authority, in the entity; or\n- (b) carries out, or has a duty to carry out, the functions of an office of the entity; or\n- (c) has a right to participate in the administration or management of the affairs of the entity.\n- (a) government or Opposition business or activities;\n- (b) negotiations, briefings, contracts and the making or receipt of representations relating to government or Opposition business or activities.\n- (a) a public sector entity under the Public Sector Act 2022 , section 8 ;\n- (b) a local government;\n- (c) a corporate entity under the Local Government Act 2009 ;\n- (d) the parliamentary service;\n- (e) a government owned corporation;\n- (f) a rail government entity under the Transport Infrastructure Act 1994 ;\n- (g) an entity, prescribed by regulation, that is assisted by public funds.\n- (a) a government representative; or\n- (b) an Opposition representative.\n- (a) means a role at a senior level, whether paid or unpaid that— (i) involves employment or engagement by the party; and (ii) incorporates significant involvement in the party’s election strategy or policy development; and\n- (i) involves employment or engagement by the party; and\n- (ii) incorporates significant involvement in the party’s election strategy or policy development; and\n- (b) does not include any of the following— (i) general membership of the party; (ii) volunteering for, or advising, a particular candidate; (iii) door knocking, placing documents in letter boxes or other campaign communications; (iv) media liaison; (v) handing out how to vote material.\n- (i) general membership of the party;\n- (ii) volunteering for, or advising, a particular candidate;\n- (iii) door knocking, placing documents in letter boxes or other campaign communications;\n- (iv) media liaison;\n- (v) handing out how to vote material.\n- (i) involves employment or engagement by the party; and\n- (ii) incorporates significant involvement in the party’s election strategy or policy development; and\n- (i) general membership of the party;\n- (ii) volunteering for, or advising, a particular candidate;\n- (iii) door knocking, placing documents in letter boxes or other campaign communications;\n- (iv) media liaison;\n- (v) handing out how to vote material.","sortOrder":59},{"sectionNumber":"sec.42","sectionType":"section","heading":"What is a lobbying activity","content":"### sec.42 What is a lobbying activity\n\nA lobbying activity is—\ncommunicating with a government representative in an effort to influence decision-making of the State government or a local government, including, for example, the making of a decision relating to any of the following matters—\nthe making, amendment or repeal of legislation;\nthe development, amendment or abandonment of a government policy or program;\nthe awarding of a government contract or grant;\nthe allocation of funding;\nthe making of a decision about planning or the giving of a development approval under the Planning Act 2016 ; or\ncommunicating with an Opposition representative in an effort to influence decision-making of the Opposition, including, for example, the making of a decision relating to any of the following matters—\nthe making, amendment or repeal of legislation;\nthe development, amendment or abandonment of an Opposition policy or program;\nthe position or view of the Opposition in relation to a decision of the State government or a local government, including, for example, a matter mentioned in paragraph (a) .\nThis section is subject to section 43 .\ns 42 amd 2010 No. 37 s 46 ; 2012 No. 45 s 15 ; 2016 No. 27 s 276\nsub 2024 No. 3 s 36\n(sec.42-ssec.1) A lobbying activity is— communicating with a government representative in an effort to influence decision-making of the State government or a local government, including, for example, the making of a decision relating to any of the following matters— the making, amendment or repeal of legislation; the development, amendment or abandonment of a government policy or program; the awarding of a government contract or grant; the allocation of funding; the making of a decision about planning or the giving of a development approval under the Planning Act 2016 ; or communicating with an Opposition representative in an effort to influence decision-making of the Opposition, including, for example, the making of a decision relating to any of the following matters— the making, amendment or repeal of legislation; the development, amendment or abandonment of an Opposition policy or program; the position or view of the Opposition in relation to a decision of the State government or a local government, including, for example, a matter mentioned in paragraph (a) .\n(sec.42-ssec.2) This section is subject to section 43 .\n- (a) communicating with a government representative in an effort to influence decision-making of the State government or a local government, including, for example, the making of a decision relating to any of the following matters— (i) the making, amendment or repeal of legislation; (ii) the development, amendment or abandonment of a government policy or program; (iii) the awarding of a government contract or grant; (iv) the allocation of funding; (v) the making of a decision about planning or the giving of a development approval under the Planning Act 2016 ; or\n- (i) the making, amendment or repeal of legislation;\n- (ii) the development, amendment or abandonment of a government policy or program;\n- (iii) the awarding of a government contract or grant;\n- (iv) the allocation of funding;\n- (v) the making of a decision about planning or the giving of a development approval under the Planning Act 2016 ; or\n- (b) communicating with an Opposition representative in an effort to influence decision-making of the Opposition, including, for example, the making of a decision relating to any of the following matters— (i) the making, amendment or repeal of legislation; (ii) the development, amendment or abandonment of an Opposition policy or program; (iii) the position or view of the Opposition in relation to a decision of the State government or a local government, including, for example, a matter mentioned in paragraph (a) .\n- (i) the making, amendment or repeal of legislation;\n- (ii) the development, amendment or abandonment of an Opposition policy or program;\n- (iii) the position or view of the Opposition in relation to a decision of the State government or a local government, including, for example, a matter mentioned in paragraph (a) .\n- (i) the making, amendment or repeal of legislation;\n- (ii) the development, amendment or abandonment of a government policy or program;\n- (iii) the awarding of a government contract or grant;\n- (iv) the allocation of funding;\n- (v) the making of a decision about planning or the giving of a development approval under the Planning Act 2016 ; or\n- (i) the making, amendment or repeal of legislation;\n- (ii) the development, amendment or abandonment of an Opposition policy or program;\n- (iii) the position or view of the Opposition in relation to a decision of the State government or a local government, including, for example, a matter mentioned in paragraph (a) .","sortOrder":60},{"sectionNumber":"sec.43","sectionType":"section","heading":"What is not a lobbying activity","content":"### sec.43 What is not a lobbying activity\n\nNone of the following activities is a lobbying activity—\ncommunicating with a committee of the Legislative Assembly or a local government;\ncommunicating with a member of the Legislative Assembly or a councillor in the member’s or councillor’s capacity as local representative on a constituency matter;\nresponding to a call for submissions;\npetitioning or campaigning of a grassroots nature;\nresponding to a request for tenders;\ncommunicating with a representative in a public forum;\nresponding to a request by a representative for information;\ncommunicating with a representative about a non-business or non-commercial matter;\ncommunicating with a representative in the ordinary course of making an application, or seeking a review or appeal about a decision, under an Act;\nparticipating in an incidental meeting with a representative beyond the control of the representative;\nA Minister or the Leader of the Opposition speaks at a conference and has an unscheduled discussion with a person who is a conference participant.\ncommunicating with a representative in the ordinary course of providing professional or technical services to a person.\nAn entity is engaged by a person to provide accounting, architectural, engineering or legal services. The entity communicates with a representative on behalf of the person. The communication is not a lobbying activity if the communication is part of the ordinary course of the entity providing the services to the person.\ns 43 sub 2024 No. 3 s 36\n- (a) communicating with a committee of the Legislative Assembly or a local government;\n- (b) communicating with a member of the Legislative Assembly or a councillor in the member’s or councillor’s capacity as local representative on a constituency matter;\n- (c) responding to a call for submissions;\n- (d) petitioning or campaigning of a grassroots nature;\n- (e) responding to a request for tenders;\n- (f) communicating with a representative in a public forum;\n- (g) responding to a request by a representative for information;\n- (h) communicating with a representative about a non-business or non-commercial matter;\n- (i) communicating with a representative in the ordinary course of making an application, or seeking a review or appeal about a decision, under an Act;\n- (j) participating in an incidental meeting with a representative beyond the control of the representative; Example— A Minister or the Leader of the Opposition speaks at a conference and has an unscheduled discussion with a person who is a conference participant.\n- (k) communicating with a representative in the ordinary course of providing professional or technical services to a person. Example— An entity is engaged by a person to provide accounting, architectural, engineering or legal services. The entity communicates with a representative on behalf of the person. The communication is not a lobbying activity if the communication is part of the ordinary course of the entity providing the services to the person.","sortOrder":61},{"sectionNumber":"sec.44","sectionType":"section","heading":"Who is a government representative","content":"### sec.44 Who is a government representative\n\nA government representative is any of the following persons—\nthe Premier;\na Minister;\nan Assistant Minister;\na councillor;\na ministerial staff member;\nan assistant minister staff member;\na public sector officer.\ns 44 amd 2012 No. 6 s 27 sch amdts 2(1)(c), (2), 5\nsub 2024 No. 3 s 36\n- (a) the Premier;\n- (b) a Minister;\n- (c) an Assistant Minister;\n- (d) a councillor;\n- (e) a ministerial staff member;\n- (f) an assistant minister staff member;\n- (g) a public sector officer.","sortOrder":62},{"sectionNumber":"sec.45","sectionType":"section","heading":"Who is an Opposition representative","content":"### sec.45 Who is an Opposition representative\n\nAn Opposition representative is any of the following persons—\nthe Leader of the Opposition;\nthe Deputy Leader of the Opposition;\nan opposition spokesperson;\nan opposition assistant spokesperson;\na staff member in the office of the Leader of the Opposition.\ns 45 amd 2010 No. 37 s 47 ; 2012 No. 6 s 27 sch amdts 2(1)(c), (2), 5; 2012 No. 45 s 16\nsub 2024 No. 3 s 36\namd 2024 No. 41 s 48B\n- (a) the Leader of the Opposition;\n- (b) the Deputy Leader of the Opposition;\n- (c) an opposition spokesperson;\n- (d) an opposition assistant spokesperson;\n- (e) a staff member in the office of the Leader of the Opposition.","sortOrder":63},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"Requirement for registration","content":"# Requirement for registration","sortOrder":64},{"sectionNumber":"sec.46","sectionType":"section","heading":"Lobbying activity by unregistered entity prohibited","content":"### sec.46 Lobbying activity by unregistered entity prohibited\n\nAn unregistered person must not carry out a lobbying activity for a third party client.\nMaximum penalty—200 penalty units.\nFor subsection (1) , if an individual is disqualified under section 49 from being registered as a lobbyist, or continuing to be registered as a lobbyist, the individual is taken not to be a registered lobbyist even if the individual’s name remains on the lobbying register.\nTo remove any doubt, it is declared that this section does not apply to an unregistered person who is an entity mentioned in section 47 (1) .\nIn this section—\nunregistered person means an entity that is not a registered lobbyist.\ns 46 sub 2024 No. 3 s 36\n(sec.46-ssec.1) An unregistered person must not carry out a lobbying activity for a third party client. Maximum penalty—200 penalty units.\n(sec.46-ssec.2) For subsection (1) , if an individual is disqualified under section 49 from being registered as a lobbyist, or continuing to be registered as a lobbyist, the individual is taken not to be a registered lobbyist even if the individual’s name remains on the lobbying register.\n(sec.46-ssec.3) To remove any doubt, it is declared that this section does not apply to an unregistered person who is an entity mentioned in section 47 (1) .\n(sec.46-ssec.4) In this section— unregistered person means an entity that is not a registered lobbyist.","sortOrder":65},{"sectionNumber":"sec.47","sectionType":"section","heading":"Particular entities not required to be registered","content":"### sec.47 Particular entities not required to be registered\n\nThe following entities may carry out a lobbying activity without being a registered lobbyist—\na non-profit entity but only if the purpose of the lobbying activity is to represent the interests of the entity;\na charity\na club\na society for environmental protection\nan entity constituted to represent the interests of its members but only if the purpose of the lobbying activity is to represent the interests of its members;\nan industrial organisation under the Industrial Relations Act 2016\na professional body, for example, the Queensland Law Society\na member of a trade delegation visiting Queensland but only if the purpose of the lobbying activity is to represent the interests of the delegation;\nan officer or employee of an entity mentioned in paragraph (a) , (b) or (c) .\nIn this section—\nnon-profit entity means an entity that—\nis not carried on for profit or gain to its individual members; and\nis, under the entity’s constitution, prohibited from making any distribution, whether in money, property or otherwise, to its members.\ns 47 amd 2013 No. 19 s 120 sch 1 ; 2022 No. 34 s 365 sch 3\nsub 2024 No. 3 s 36\n(sec.47-ssec.1) The following entities may carry out a lobbying activity without being a registered lobbyist— a non-profit entity but only if the purpose of the lobbying activity is to represent the interests of the entity; a charity a club a society for environmental protection an entity constituted to represent the interests of its members but only if the purpose of the lobbying activity is to represent the interests of its members; an industrial organisation under the Industrial Relations Act 2016 a professional body, for example, the Queensland Law Society a member of a trade delegation visiting Queensland but only if the purpose of the lobbying activity is to represent the interests of the delegation; an officer or employee of an entity mentioned in paragraph (a) , (b) or (c) .\n(sec.47-ssec.2) In this section— non-profit entity means an entity that— is not carried on for profit or gain to its individual members; and is, under the entity’s constitution, prohibited from making any distribution, whether in money, property or otherwise, to its members.\n- (a) a non-profit entity but only if the purpose of the lobbying activity is to represent the interests of the entity; Examples— • a charity • a club • a society for environmental protection\n- • a charity\n- • a club\n- • a society for environmental protection\n- (b) an entity constituted to represent the interests of its members but only if the purpose of the lobbying activity is to represent the interests of its members; Examples— • an industrial organisation under the Industrial Relations Act 2016 • a professional body, for example, the Queensland Law Society\n- • an industrial organisation under the Industrial Relations Act 2016\n- • a professional body, for example, the Queensland Law Society\n- (c) a member of a trade delegation visiting Queensland but only if the purpose of the lobbying activity is to represent the interests of the delegation;\n- (d) an officer or employee of an entity mentioned in paragraph (a) , (b) or (c) .\n- • a charity\n- • a club\n- • a society for environmental protection\n- • an industrial organisation under the Industrial Relations Act 2016\n- • a professional body, for example, the Queensland Law Society\n- (a) is not carried on for profit or gain to its individual members; and\n- (b) is, under the entity’s constitution, prohibited from making any distribution, whether in money, property or otherwise, to its members.","sortOrder":66},{"sectionNumber":"sec.47A","sectionType":"section","heading":null,"content":"### Section sec.47A\n\ns 47A ins 2012 No. 45 s 17\nom 2024 No. 3 s 36","sortOrder":67},{"sectionNumber":"sec.47B","sectionType":"section","heading":null,"content":"### Section sec.47B\n\ns 47B ins 2012 No. 45 s 17\nom 2024 No. 3 s 36","sortOrder":68},{"sectionNumber":"ch.4-pt.3","sectionType":"part","heading":"Applying for registration","content":"# Applying for registration","sortOrder":69},{"sectionNumber":"sec.48","sectionType":"section","heading":"Who may apply","content":"### sec.48 Who may apply\n\nAn entity (the applicant ) may apply to the integrity commissioner for registration as a lobbyist.\nThe application may be for registration of—\nthe applicant; or\nthe applicant and each officer or employee of the applicant who carries out a lobbying activity for the applicant; or\nif the applicant is already a registered lobbyist—an officer or employee of the applicant who carries out a lobbying activity for the applicant and who is not a listed person for the applicant.\ns 48 sub 2024 No. 3 s 36\n(sec.48-ssec.1) An entity (the applicant ) may apply to the integrity commissioner for registration as a lobbyist.\n(sec.48-ssec.2) The application may be for registration of— the applicant; or the applicant and each officer or employee of the applicant who carries out a lobbying activity for the applicant; or if the applicant is already a registered lobbyist—an officer or employee of the applicant who carries out a lobbying activity for the applicant and who is not a listed person for the applicant.\n- (a) the applicant; or\n- (b) the applicant and each officer or employee of the applicant who carries out a lobbying activity for the applicant; or\n- (c) if the applicant is already a registered lobbyist—an officer or employee of the applicant who carries out a lobbying activity for the applicant and who is not a listed person for the applicant.","sortOrder":70},{"sectionNumber":"sec.49","sectionType":"section","heading":"Disqualification of individual engaged in dual hatting","content":"### sec.49 Disqualification of individual engaged in dual hatting\n\nThis section applies to an individual who—\nis a registered lobbyist during the period (the inter-election period ) that—\nstarts on the day on which a general election is held (the first general election ); and\nends at the end of the day on which the next general election after the first general election is held (the second general election ); and\nduring the inter-election period is required to give a notice under section 66A .\nSee section 66N (3) for removal of the individual’s name from the lobbying register.\nThis section also applies to an individual who was a registered lobbyist at any time during the inter-election period.\nThe individual is disqualified from being a registered lobbyist, or continuing to be a registered lobbyist, if the individual performs a substantial role, during the inter-election period, in the election campaign of a political party relating to the second general election.\nSee also sections 66H (1) (b) and 66N (2) .\nIf the individual performs a substantial role in the election campaign, relating to the second general election, of the political party that wins the second general election, the individual is disqualified under subsection (3) for the period that—\nstarts when the individual starts performing the substantial role in the election campaign; and\nends at the end of the day on which the next general election after the second general election is held.\nIf the individual performs a substantial role in the election campaign, relating to the second general election, of a political party that does not win the second general election, the individual is disqualified under subsection (3) for the period that—\nstarts when the individual starts performing the substantial role in the election campaign; and\nends at the end of the day on which the second general election is held.\nIn this section—\ngeneral election see the Electoral Act 1992 , schedule 1 .\nwin , a general election, means form government after the election.\ns 49 amd 2010 No. 37 s 48 ; 2012 No. 45 s 18\nsub 2024 No. 3 s 36\n(sec.49-ssec.1) This section applies to an individual who— is a registered lobbyist during the period (the inter-election period ) that— starts on the day on which a general election is held (the first general election ); and ends at the end of the day on which the next general election after the first general election is held (the second general election ); and during the inter-election period is required to give a notice under section 66A . See section 66N (3) for removal of the individual’s name from the lobbying register.\n(sec.49-ssec.2) This section also applies to an individual who was a registered lobbyist at any time during the inter-election period.\n(sec.49-ssec.3) The individual is disqualified from being a registered lobbyist, or continuing to be a registered lobbyist, if the individual performs a substantial role, during the inter-election period, in the election campaign of a political party relating to the second general election. See also sections 66H (1) (b) and 66N (2) .\n(sec.49-ssec.4) If the individual performs a substantial role in the election campaign, relating to the second general election, of the political party that wins the second general election, the individual is disqualified under subsection (3) for the period that— starts when the individual starts performing the substantial role in the election campaign; and ends at the end of the day on which the next general election after the second general election is held.\n(sec.49-ssec.5) If the individual performs a substantial role in the election campaign, relating to the second general election, of a political party that does not win the second general election, the individual is disqualified under subsection (3) for the period that— starts when the individual starts performing the substantial role in the election campaign; and ends at the end of the day on which the second general election is held.\n(sec.49-ssec.6) In this section— general election see the Electoral Act 1992 , schedule 1 . win , a general election, means form government after the election.\n- (a) is a registered lobbyist during the period (the inter-election period ) that— (i) starts on the day on which a general election is held (the first general election ); and (ii) ends at the end of the day on which the next general election after the first general election is held (the second general election ); and\n- (i) starts on the day on which a general election is held (the first general election ); and\n- (ii) ends at the end of the day on which the next general election after the first general election is held (the second general election ); and\n- (b) during the inter-election period is required to give a notice under section 66A . Note— See section 66N (3) for removal of the individual’s name from the lobbying register.\n- (i) starts on the day on which a general election is held (the first general election ); and\n- (ii) ends at the end of the day on which the next general election after the first general election is held (the second general election ); and\n- (a) starts when the individual starts performing the substantial role in the election campaign; and\n- (b) ends at the end of the day on which the next general election after the second general election is held.\n- (a) starts when the individual starts performing the substantial role in the election campaign; and\n- (b) ends at the end of the day on which the second general election is held.","sortOrder":71},{"sectionNumber":"sec.50","sectionType":"section","heading":"Requirements for making application","content":"### sec.50 Requirements for making application\n\nThe application must be made in the approved form.\nThe approved form may provide for—\nif the entity for whom registration as a lobbyist is sought is an individual—\na statement that the individual is not disqualified from being a registered lobbyist under section 49 ; and\na written report about the criminal history of the individual; and\nif the entity for whom registration as a lobbyist is sought is a former representative—a statement about the official dealings engaged in by the former representative in the 2 years immediately before becoming a former representative; and\nif the applicant has officers or employees—a statement listing the name of each officer or employee of the applicant other than—\nan officer or employee who is already a registered lobbyist, or for whom registration as a lobbyist is sought by the application; or\nan employee whose role within the entity involves only administrative duties; or\nan employee whose role within the entity involves work only outside Queensland.\nInformation in the application must, if the approved form requires, be verified by a statutory declaration by each entity for whom registration as a lobbyist is sought by the application.\nIn this section—\ncriminal history , of an individual, means the individual’s criminal history as defined under the Criminal Law (Rehabilitation of Offenders) Act 1986 , other than spent convictions, in relation to the following offences—\nan offence for which the individual has been sentenced to a term of imprisonment of at least 30 months;\nan offence involving fraud or dishonesty for which the individual has been convicted as an adult.\nspent conviction means a conviction—\nfor which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act; and\nthat is not revived as prescribed by section 11 of that Act.\ns 50 amd 2024 No. 3 s 46A\nsub 2024 No. 3 s 36\n(sec.50-ssec.1) The application must be made in the approved form.\n(sec.50-ssec.2) The approved form may provide for— if the entity for whom registration as a lobbyist is sought is an individual— a statement that the individual is not disqualified from being a registered lobbyist under section 49 ; and a written report about the criminal history of the individual; and if the entity for whom registration as a lobbyist is sought is a former representative—a statement about the official dealings engaged in by the former representative in the 2 years immediately before becoming a former representative; and if the applicant has officers or employees—a statement listing the name of each officer or employee of the applicant other than— an officer or employee who is already a registered lobbyist, or for whom registration as a lobbyist is sought by the application; or an employee whose role within the entity involves only administrative duties; or an employee whose role within the entity involves work only outside Queensland.\n(sec.50-ssec.3) Information in the application must, if the approved form requires, be verified by a statutory declaration by each entity for whom registration as a lobbyist is sought by the application.\n(sec.50-ssec.4) In this section— criminal history , of an individual, means the individual’s criminal history as defined under the Criminal Law (Rehabilitation of Offenders) Act 1986 , other than spent convictions, in relation to the following offences— an offence for which the individual has been sentenced to a term of imprisonment of at least 30 months; an offence involving fraud or dishonesty for which the individual has been convicted as an adult. spent conviction means a conviction— for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act; and that is not revived as prescribed by section 11 of that Act.\n- (a) if the entity for whom registration as a lobbyist is sought is an individual— (i) a statement that the individual is not disqualified from being a registered lobbyist under section 49 ; and (ii) a written report about the criminal history of the individual; and\n- (i) a statement that the individual is not disqualified from being a registered lobbyist under section 49 ; and\n- (ii) a written report about the criminal history of the individual; and\n- (b) if the entity for whom registration as a lobbyist is sought is a former representative—a statement about the official dealings engaged in by the former representative in the 2 years immediately before becoming a former representative; and\n- (c) if the applicant has officers or employees—a statement listing the name of each officer or employee of the applicant other than— (i) an officer or employee who is already a registered lobbyist, or for whom registration as a lobbyist is sought by the application; or (ii) an employee whose role within the entity involves only administrative duties; or (iii) an employee whose role within the entity involves work only outside Queensland.\n- (i) an officer or employee who is already a registered lobbyist, or for whom registration as a lobbyist is sought by the application; or\n- (ii) an employee whose role within the entity involves only administrative duties; or\n- (iii) an employee whose role within the entity involves work only outside Queensland.\n- (i) a statement that the individual is not disqualified from being a registered lobbyist under section 49 ; and\n- (ii) a written report about the criminal history of the individual; and\n- (i) an officer or employee who is already a registered lobbyist, or for whom registration as a lobbyist is sought by the application; or\n- (ii) an employee whose role within the entity involves only administrative duties; or\n- (iii) an employee whose role within the entity involves work only outside Queensland.\n- (a) an offence for which the individual has been sentenced to a term of imprisonment of at least 30 months;\n- (b) an offence involving fraud or dishonesty for which the individual has been convicted as an adult.\n- (a) for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act; and\n- (b) that is not revived as prescribed by section 11 of that Act.","sortOrder":72},{"sectionNumber":"sec.51","sectionType":"section","heading":"Deciding application","content":"### sec.51 Deciding application\n\nThe integrity commissioner must, as soon as practicable after the application is made, decide to approve or refuse to approve the application for—\nif the application is made under section 48 (2) (a) —the applicant; or\nif the application is made under section 48 (2) (b) or (c) —the applicant and each officer or employee of the applicant who carries out a lobbying activity for the applicant.\nThe integrity commissioner may decide to approve an application for an individual only if the integrity commissioner is satisfied the individual is not disqualified under section 49 .\nThe integrity commissioner may decide to refuse to approve an application for an applicant, or an officer or employee of an applicant, on any of the following grounds—\nthe application includes a materially false or misleading representation or declaration;\nthe applicant, or the officer or employee of the applicant, has previously failed to comply with—\na provision of this chapter; or\nthe registered lobbyists code of conduct or a directive;\nthe registration of the applicant, or the officer or employee of the applicant, as a lobbyist in another jurisdiction has been cancelled or suspended;\nanother ground the integrity commissioner considers sufficient.\nThe integrity commissioner may consider it sufficient that, in Queensland or elsewhere, the applicant, or an officer or employee of the applicant, has acted in a way the integrity commissioner considers is inconsistent with general standards of ethical behaviour.\ns 51 sub 2024 No. 3 s 36\n(sec.51-ssec.1) The integrity commissioner must, as soon as practicable after the application is made, decide to approve or refuse to approve the application for— if the application is made under section 48 (2) (a) —the applicant; or if the application is made under section 48 (2) (b) or (c) —the applicant and each officer or employee of the applicant who carries out a lobbying activity for the applicant.\n(sec.51-ssec.2) The integrity commissioner may decide to approve an application for an individual only if the integrity commissioner is satisfied the individual is not disqualified under section 49 .\n(sec.51-ssec.3) The integrity commissioner may decide to refuse to approve an application for an applicant, or an officer or employee of an applicant, on any of the following grounds— the application includes a materially false or misleading representation or declaration; the applicant, or the officer or employee of the applicant, has previously failed to comply with— a provision of this chapter; or the registered lobbyists code of conduct or a directive; the registration of the applicant, or the officer or employee of the applicant, as a lobbyist in another jurisdiction has been cancelled or suspended; another ground the integrity commissioner considers sufficient. The integrity commissioner may consider it sufficient that, in Queensland or elsewhere, the applicant, or an officer or employee of the applicant, has acted in a way the integrity commissioner considers is inconsistent with general standards of ethical behaviour.\n- (a) if the application is made under section 48 (2) (a) —the applicant; or\n- (b) if the application is made under section 48 (2) (b) or (c) —the applicant and each officer or employee of the applicant who carries out a lobbying activity for the applicant.\n- (a) the application includes a materially false or misleading representation or declaration;\n- (b) the applicant, or the officer or employee of the applicant, has previously failed to comply with— (i) a provision of this chapter; or (ii) the registered lobbyists code of conduct or a directive;\n- (i) a provision of this chapter; or\n- (ii) the registered lobbyists code of conduct or a directive;\n- (c) the registration of the applicant, or the officer or employee of the applicant, as a lobbyist in another jurisdiction has been cancelled or suspended;\n- (d) another ground the integrity commissioner considers sufficient. Example— The integrity commissioner may consider it sufficient that, in Queensland or elsewhere, the applicant, or an officer or employee of the applicant, has acted in a way the integrity commissioner considers is inconsistent with general standards of ethical behaviour.\n- (i) a provision of this chapter; or\n- (ii) the registered lobbyists code of conduct or a directive;","sortOrder":73},{"sectionNumber":"sec.52","sectionType":"section","heading":"Inquiry about application","content":"### sec.52 Inquiry about application\n\nBefore deciding the application, the integrity commissioner may, by notice given to the applicant, require the applicant to give the integrity commissioner further information or a document the integrity commissioner reasonably requires to decide the application.\nThe further information or document must be given—\nwithin the reasonable period of at least 5 business days stated in the notice; or\nif the integrity commissioner and the applicant agree in writing to a longer period within which the applicant is to give the information or document—within the longer period.\nThe applicant is taken to have withdrawn the application if, within the stated period under subsection (2) (a) or the longer period under subsection (2) (b) , the applicant does not comply with the requirement.\nThe information or document under subsection (1) must, if the notice requires, be verified by statutory declaration.\ns 52 sub 2024 No. 3 s 36\n(sec.52-ssec.1) Before deciding the application, the integrity commissioner may, by notice given to the applicant, require the applicant to give the integrity commissioner further information or a document the integrity commissioner reasonably requires to decide the application.\n(sec.52-ssec.2) The further information or document must be given— within the reasonable period of at least 5 business days stated in the notice; or if the integrity commissioner and the applicant agree in writing to a longer period within which the applicant is to give the information or document—within the longer period.\n(sec.52-ssec.3) The applicant is taken to have withdrawn the application if, within the stated period under subsection (2) (a) or the longer period under subsection (2) (b) , the applicant does not comply with the requirement.\n(sec.52-ssec.4) The information or document under subsection (1) must, if the notice requires, be verified by statutory declaration.\n- (a) within the reasonable period of at least 5 business days stated in the notice; or\n- (b) if the integrity commissioner and the applicant agree in writing to a longer period within which the applicant is to give the information or document—within the longer period.","sortOrder":74},{"sectionNumber":"sec.53","sectionType":"section","heading":"Conditions","content":"### sec.53 Conditions\n\nIt is a condition of registration of an entity as a lobbyist that—\nthe entity, or each listed person for the entity, undertake an approved training course within a stated period after the registration takes effect; or\nif the integrity commissioner considers it appropriate—the entity, or each listed person for the entity, undertakes an approved training course at regular intervals of not longer than 12 months.\nRegistration of an entity as a lobbyist is also subject to any other condition the integrity commissioner considers appropriate.\ns 53 sub 2024 No. 3 s 36\n(sec.53-ssec.1) It is a condition of registration of an entity as a lobbyist that— the entity, or each listed person for the entity, undertake an approved training course within a stated period after the registration takes effect; or if the integrity commissioner considers it appropriate—the entity, or each listed person for the entity, undertakes an approved training course at regular intervals of not longer than 12 months.\n(sec.53-ssec.2) Registration of an entity as a lobbyist is also subject to any other condition the integrity commissioner considers appropriate.\n- (a) the entity, or each listed person for the entity, undertake an approved training course within a stated period after the registration takes effect; or\n- (b) if the integrity commissioner considers it appropriate—the entity, or each listed person for the entity, undertakes an approved training course at regular intervals of not longer than 12 months.","sortOrder":75},{"sectionNumber":"sec.53A","sectionType":"section","heading":null,"content":"### Section sec.53A\n\ns 53A ins 2024 No. 3 s 46B\nom 2024 No. 3 s 36","sortOrder":76},{"sectionNumber":"sec.54","sectionType":"section","heading":"Steps after, and taking effect of, decision","content":"### sec.54 Steps after, and taking effect of, decision\n\nAs soon as practicable after deciding the application, the integrity commissioner must—\ngive the applicant notice of the integrity commissioner’s decision; and\nif the integrity commissioner approves an application for an entity, update the lobbying register to include the entity as a registered lobbyist.\nIf the integrity commissioner approves an application for an entity, the registration of the entity as a lobbyist takes effect on the earlier of the following days—\nthe day stated in the notice;\nthe day the lobbying register is updated under subsection (1) (b) .\ns 54 amd 2010 No. 37 s 49\nsub 2024 No. 3 s 36\n(sec.54-ssec.1) As soon as practicable after deciding the application, the integrity commissioner must— give the applicant notice of the integrity commissioner’s decision; and if the integrity commissioner approves an application for an entity, update the lobbying register to include the entity as a registered lobbyist.\n(sec.54-ssec.2) If the integrity commissioner approves an application for an entity, the registration of the entity as a lobbyist takes effect on the earlier of the following days— the day stated in the notice; the day the lobbying register is updated under subsection (1) (b) .\n- (a) give the applicant notice of the integrity commissioner’s decision; and\n- (b) if the integrity commissioner approves an application for an entity, update the lobbying register to include the entity as a registered lobbyist.\n- (a) the day stated in the notice;\n- (b) the day the lobbying register is updated under subsection (1) (b) .","sortOrder":77},{"sectionNumber":"ch.4-pt.4","sectionType":"part","heading":"Powers of integrity commissioner","content":"# Powers of integrity commissioner","sortOrder":78},{"sectionNumber":"sec.55","sectionType":"section","heading":"Code of conduct","content":"### sec.55 Code of conduct\n\nThe integrity commissioner may, after consultation with the parliamentary committee, approve a code of conduct for registered lobbyists (the registered lobbyists code of conduct ).\nThe integrity commissioner must publish the registered lobbyists code of conduct on the integrity commissioner’s website.\nThe purpose of the registered lobbyists code of conduct is to provide standards of conduct for registered lobbyists designed to ensure that communication between registered lobbyists and representatives is carried out in accordance with public expectations of transparency and integrity.\nThe registered lobbyists code of conduct must include a policy relating to conflicts of interest for registered lobbyists.\nThe registered lobbyists code of conduct may impose obligations on registered lobbyists to give the integrity commissioner information about lobbying activities carried out by them.\nRegistered lobbyists must comply with the registered lobbyists code of conduct.\ns 55 amd 2024 No. 3 s 46C\nsub 2024 No. 3 s 36\n(sec.55-ssec.1) The integrity commissioner may, after consultation with the parliamentary committee, approve a code of conduct for registered lobbyists (the registered lobbyists code of conduct ).\n(sec.55-ssec.2) The integrity commissioner must publish the registered lobbyists code of conduct on the integrity commissioner’s website.\n(sec.55-ssec.3) The purpose of the registered lobbyists code of conduct is to provide standards of conduct for registered lobbyists designed to ensure that communication between registered lobbyists and representatives is carried out in accordance with public expectations of transparency and integrity.\n(sec.55-ssec.4) The registered lobbyists code of conduct must include a policy relating to conflicts of interest for registered lobbyists.\n(sec.55-ssec.5) The registered lobbyists code of conduct may impose obligations on registered lobbyists to give the integrity commissioner information about lobbying activities carried out by them.\n(sec.55-ssec.6) Registered lobbyists must comply with the registered lobbyists code of conduct.","sortOrder":79},{"sectionNumber":"sec.56","sectionType":"section","heading":"Approved training","content":"### sec.56 Approved training\n\nThe integrity commissioner must approve a training course for the purpose of enabling individuals to be registered lobbyists or continue to be registered lobbyists.\nThe integrity commissioner must publish a description of the approved training course on the integrity commissioner’s website.\ns 56 sub 2024 No. 3 s 36\n(sec.56-ssec.1) The integrity commissioner must approve a training course for the purpose of enabling individuals to be registered lobbyists or continue to be registered lobbyists.\n(sec.56-ssec.2) The integrity commissioner must publish a description of the approved training course on the integrity commissioner’s website.","sortOrder":80},{"sectionNumber":"sec.57","sectionType":"section","heading":"Directives","content":"### sec.57 Directives\n\nThe integrity commissioner may make a directive about any of the following matters—\nthe operation of a provision of this chapter or the registered lobbyists code of conduct, including, for example, a procedural or technical requirement relating to the provision or code;\nthe application of the policy relating to conflicts of interest for registered lobbyists mentioned in section 55 (4) ;\nany other matter the integrity commissioner considers appropriate.\nRegistered lobbyists must comply with a directive made under subsection (1) .\nThe integrity commissioner must publish each directive made under subsection (1) on the integrity commissioner’s website.\nTo remove any doubt, it is declared that, if a directive is inconsistent with an Act or subordinate legislation, the Act or subordinate legislation prevails over the directive to the extent of any inconsistency.\ns 57 amd 2010 No. 37 s 50\nsub 2024 No. 3 s 36\n(sec.57-ssec.1) The integrity commissioner may make a directive about any of the following matters— the operation of a provision of this chapter or the registered lobbyists code of conduct, including, for example, a procedural or technical requirement relating to the provision or code; the application of the policy relating to conflicts of interest for registered lobbyists mentioned in section 55 (4) ; any other matter the integrity commissioner considers appropriate.\n(sec.57-ssec.2) Registered lobbyists must comply with a directive made under subsection (1) .\n(sec.57-ssec.3) The integrity commissioner must publish each directive made under subsection (1) on the integrity commissioner’s website.\n(sec.57-ssec.4) To remove any doubt, it is declared that, if a directive is inconsistent with an Act or subordinate legislation, the Act or subordinate legislation prevails over the directive to the extent of any inconsistency.\n- (a) the operation of a provision of this chapter or the registered lobbyists code of conduct, including, for example, a procedural or technical requirement relating to the provision or code;\n- (b) the application of the policy relating to conflicts of interest for registered lobbyists mentioned in section 55 (4) ;\n- (c) any other matter the integrity commissioner considers appropriate.","sortOrder":81},{"sectionNumber":"ch.4-pt.5","sectionType":"part","heading":"Restrictions on particular lobbying activity","content":"# Restrictions on particular lobbying activity","sortOrder":82},{"sectionNumber":"ch.4-pt.5-div.1","sectionType":"division","heading":"Dual hatting","content":"## Dual hatting","sortOrder":83},{"sectionNumber":"sec.58","sectionType":"section","heading":"Registered lobbyist must not perform substantial role in election campaign of political party","content":"### sec.58 Registered lobbyist must not perform substantial role in election campaign of political party\n\nThis section applies to a registered lobbyist.\nThe registered lobbyist must not perform a substantial role in the election campaign of a political party.\ns 58 sub 2024 No. 3 s 36\n(sec.58-ssec.1) This section applies to a registered lobbyist.\n(sec.58-ssec.2) The registered lobbyist must not perform a substantial role in the election campaign of a political party.","sortOrder":84},{"sectionNumber":"ch.4-pt.5-div.2","sectionType":"division","heading":"Former representatives","content":"## Former representatives","sortOrder":85},{"sectionNumber":"sec.59","sectionType":"section","heading":"Who is a former senior government representative","content":"### sec.59 Who is a former senior government representative\n\nA former senior government representative is a person who held, but no longer holds, any of the following offices—\nPremier;\nMinister;\nAssistant Minister;\ncouncillor;\nministerial staff member;\nassistant minister staff member;\nan office of a public sector officer that is an office of chief executive, senior executive or senior executive equivalent.\ns 59 sub 2024 No. 3 s 36\n- (a) Premier;\n- (b) Minister;\n- (c) Assistant Minister;\n- (d) councillor;\n- (e) ministerial staff member;\n- (f) assistant minister staff member;\n- (g) an office of a public sector officer that is an office of chief executive, senior executive or senior executive equivalent.","sortOrder":86},{"sectionNumber":"sec.60","sectionType":"section","heading":"Who is a former Opposition representative","content":"### sec.60 Who is a former Opposition representative\n\nA former Opposition representative is a person who held, but no longer holds, any of the following offices—\nLeader of the Opposition;\nDeputy Leader of the Opposition;\nstaff member in the office of the Leader of the Opposition.\ns 60 sub 2024 No. 3 s 36\n- (a) Leader of the Opposition;\n- (b) Deputy Leader of the Opposition;\n- (c) staff member in the office of the Leader of the Opposition.","sortOrder":87},{"sectionNumber":"sec.61","sectionType":"section","heading":"Who is a former representative","content":"### sec.61 Who is a former representative\n\nA former representative means—\na former senior government representative; or\na former Opposition representative.\ns 61 sub 2024 No. 3 s 36\n- (a) a former senior government representative; or\n- (b) a former Opposition representative.","sortOrder":88},{"sectionNumber":"sec.62","sectionType":"section","heading":"Former representative must not carry out lobbying activity relating to official dealings of previous 2 years","content":"### sec.62 Former representative must not carry out lobbying activity relating to official dealings of previous 2 years\n\nThis section applies to a person who is a former representative.\nWithin 2 years after the person becomes a former representative, the person must not carry out lobbying activity for a third party client if the activity relates to official dealings in which the person engaged in the person’s official capacity in the 2 years immediately before the person became a former representative.\ns 62 amd 2010 No. 37 s 52 ; 2024 No. 3 s 46D\nsub 2024 No. 3 s 35\n(sec.62-ssec.1) This section applies to a person who is a former representative.\n(sec.62-ssec.2) Within 2 years after the person becomes a former representative, the person must not carry out lobbying activity for a third party client if the activity relates to official dealings in which the person engaged in the person’s official capacity in the 2 years immediately before the person became a former representative.","sortOrder":89},{"sectionNumber":"ch.4-pt.6","sectionType":"part","heading":"Obligations of representatives","content":"# Obligations of representatives","sortOrder":90},{"sectionNumber":"sec.63","sectionType":"section","heading":"Representative must not knowingly permit lobbying in contravention of s 46","content":"### sec.63 Representative must not knowingly permit lobbying in contravention of s 46\n\nA representative must not knowingly permit an entity to carry out a lobbying activity with the representative in contravention of section 46 .\ns 63 amd 2010 No. 37 s 53\nsub 2024 No. 3 s 36","sortOrder":91},{"sectionNumber":"sec.64","sectionType":"section","heading":"Representative must not knowingly permit lobbying in contravention of s 62","content":"### sec.64 Representative must not knowingly permit lobbying in contravention of s 62\n\nA representative must not knowingly permit a former representative to carry out a lobbying activity with the representative in contravention of section 62 .\ns 64 sub 2024 No. 3 s 36","sortOrder":92},{"sectionNumber":"ch.4-pt.7","sectionType":"part","heading":"Information disclosure","content":"# Information disclosure","sortOrder":93},{"sectionNumber":"sec.65","sectionType":"section","heading":"Registered lobbyist must give notice of change in recorded particulars","content":"### sec.65 Registered lobbyist must give notice of change in recorded particulars\n\nThis section applies if there is a change in the recorded particulars of a registered lobbyist.\nThe registered lobbyist must give the integrity commissioner a notice stating the details of the change within 10 business days after the registered lobbyist becomes aware of the change.\nSee also sections 66F (1) (a) (iv) , 66H (1) (c) (iv) and 66N (1) .\nIf the registered lobbyist is a listed person for an entity—\nthe obligation under subsection (2) applies to the entity in relation to the entity’s registration as a lobbyist; and\nthe listed person must ensure the entity is notified of the change.\ns 65 amd 2010 No. 37 s 54\nsub 2024 No. 3 s 36\n(sec.65-ssec.1) This section applies if there is a change in the recorded particulars of a registered lobbyist.\n(sec.65-ssec.2) The registered lobbyist must give the integrity commissioner a notice stating the details of the change within 10 business days after the registered lobbyist becomes aware of the change. See also sections 66F (1) (a) (iv) , 66H (1) (c) (iv) and 66N (1) .\n(sec.65-ssec.3) If the registered lobbyist is a listed person for an entity— the obligation under subsection (2) applies to the entity in relation to the entity’s registration as a lobbyist; and the listed person must ensure the entity is notified of the change.\n- (a) the obligation under subsection (2) applies to the entity in relation to the entity’s registration as a lobbyist; and\n- (b) the listed person must ensure the entity is notified of the change.","sortOrder":94},{"sectionNumber":"sec.66","sectionType":"section","heading":"Registered lobbyist must give annual return of recorded particulars","content":"### sec.66 Registered lobbyist must give annual return of recorded particulars\n\nA registered lobbyist must, within 1 month after the end of each financial year, give the integrity commissioner a notice stating the recorded particulars of the registered lobbyist remain correct.\nSee also sections 66F (1) (a) (iv) and 66H (1) (c) (iv) .\nIf the registered lobbyist is a listed person for an entity—\nthe obligation under subsection (1) applies to the entity in relation to the entity’s registration as a lobbyist; and\nthe listed person must ensure the entity is notified of any changes in the recorded particulars of the listed person that happen in the financial year.\ns 66 amd 2010 No. 37 s 55\nsub 2024 No. 3 s 36\n(sec.66-ssec.1) A registered lobbyist must, within 1 month after the end of each financial year, give the integrity commissioner a notice stating the recorded particulars of the registered lobbyist remain correct. See also sections 66F (1) (a) (iv) and 66H (1) (c) (iv) .\n(sec.66-ssec.2) If the registered lobbyist is a listed person for an entity— the obligation under subsection (1) applies to the entity in relation to the entity’s registration as a lobbyist; and the listed person must ensure the entity is notified of any changes in the recorded particulars of the listed person that happen in the financial year.\n- (a) the obligation under subsection (1) applies to the entity in relation to the entity’s registration as a lobbyist; and\n- (b) the listed person must ensure the entity is notified of any changes in the recorded particulars of the listed person that happen in the financial year.","sortOrder":95},{"sectionNumber":"sec.66A","sectionType":"section","heading":"Individual who is registered lobbyist must give notice of intention to perform substantial role in election campaign","content":"### sec.66A Individual who is registered lobbyist must give notice of intention to perform substantial role in election campaign\n\nThis section applies if an individual who is a registered lobbyist intends to perform a substantial role in the election campaign of a political party.\nThe individual must, immediately after forming the intention, give the integrity commissioner a notice stating the individual’s intention.\nSee also sections 66F (1) (a) (iv) , 66H (1) (c) (iv) and 66N (3) .\ns 66A ins 2010 No. 37 s 56\nsub 2024 No. 3 s 36\n(sec.66A-ssec.1) This section applies if an individual who is a registered lobbyist intends to perform a substantial role in the election campaign of a political party.\n(sec.66A-ssec.2) The individual must, immediately after forming the intention, give the integrity commissioner a notice stating the individual’s intention. See also sections 66F (1) (a) (iv) , 66H (1) (c) (iv) and 66N (3) .","sortOrder":96},{"sectionNumber":"sec.66B","sectionType":"section","heading":"Representative must give integrity commissioner notice if subject to lobbying activity by unregistered person","content":"### sec.66B Representative must give integrity commissioner notice if subject to lobbying activity by unregistered person\n\nThis section applies if a representative becomes aware that an entity that is not a registered lobbyist is seeking to carry out, or has carried out, lobbying activity with the representative.\nThe responsible person for the representative must, as soon as practicable after the representative becomes aware, give the name and details of the entity to the integrity commissioner.\nA responsible person for a representative may delegate a function under subsection (2) to an appropriately qualified person.\ns 66B ins 2024 No. 3 s 46E\nsub 2024 No. 3 s 36\n(sec.66B-ssec.1) This section applies if a representative becomes aware that an entity that is not a registered lobbyist is seeking to carry out, or has carried out, lobbying activity with the representative.\n(sec.66B-ssec.2) The responsible person for the representative must, as soon as practicable after the representative becomes aware, give the name and details of the entity to the integrity commissioner.\n(sec.66B-ssec.3) A responsible person for a representative may delegate a function under subsection (2) to an appropriately qualified person.","sortOrder":97},{"sectionNumber":"sec.66C","sectionType":"section","heading":"Representative may give integrity commissioner information about lobbying activity","content":"### sec.66C Representative may give integrity commissioner information about lobbying activity\n\nThis section applies if an entity carries out, or seeks to carry out, a lobbying activity with a representative.\nThe responsible person for the representative may, if the responsible person reasonably believes the information may be relevant to the functions or powers of the integrity commissioner, give the integrity commissioner information relating to the lobbying activity.\nWithout limiting subsection (2) , the information given under subsection (2) may include personal information about an individual who is carrying out, or seeking to carry out, the lobbying activity.\nA responsible person for a representative may delegate a function under subsection (2) to an appropriately qualified person.\ns 66C ins 2024 No. 3 s 36\n(sec.66C-ssec.1) This section applies if an entity carries out, or seeks to carry out, a lobbying activity with a representative.\n(sec.66C-ssec.2) The responsible person for the representative may, if the responsible person reasonably believes the information may be relevant to the functions or powers of the integrity commissioner, give the integrity commissioner information relating to the lobbying activity.\n(sec.66C-ssec.3) Without limiting subsection (2) , the information given under subsection (2) may include personal information about an individual who is carrying out, or seeking to carry out, the lobbying activity.\n(sec.66C-ssec.4) A responsible person for a representative may delegate a function under subsection (2) to an appropriately qualified person.","sortOrder":98},{"sectionNumber":"sec.66D","sectionType":"section","heading":"Integrity commissioner may require information from registered lobbyist or another person","content":"### sec.66D Integrity commissioner may require information from registered lobbyist or another person\n\nThis section applies if the integrity commissioner suspects—\na registered lobbyist—\nmay be disqualified from being a registered lobbyist under section 49 ; or\nmay have failed to comply with—\na condition of the lobbyist’s registration; or\nthe registered lobbyists code of conduct or a directive; or\npart 5 ; or\nsection 65 , 66 , 66A or this section; or\nanother person may have information relating to a matter mentioned in paragraph (a) .\nThe integrity commissioner may, by notice, require the registered lobbyist or other person to give the commissioner information or a document relating to the suspicion.\nThe registered lobbyist or other person must, unless the lobbyist or other person has a reasonable excuse, comply with the notice—\nwithin the reasonable period of at least 15 business days stated in the notice; or\nif the integrity commissioner and the lobbyist or other person agree in writing to a longer period within which the information or document is to be given—within the longer period.\nSee also sections 66F (1) (a) (iv) and 66H (1) (c) (iv) .\ns 66D ins 2024 No. 3 s 36\n(sec.66D-ssec.1) This section applies if the integrity commissioner suspects— a registered lobbyist— may be disqualified from being a registered lobbyist under section 49 ; or may have failed to comply with— a condition of the lobbyist’s registration; or the registered lobbyists code of conduct or a directive; or part 5 ; or section 65 , 66 , 66A or this section; or another person may have information relating to a matter mentioned in paragraph (a) .\n(sec.66D-ssec.2) The integrity commissioner may, by notice, require the registered lobbyist or other person to give the commissioner information or a document relating to the suspicion.\n(sec.66D-ssec.3) The registered lobbyist or other person must, unless the lobbyist or other person has a reasonable excuse, comply with the notice— within the reasonable period of at least 15 business days stated in the notice; or if the integrity commissioner and the lobbyist or other person agree in writing to a longer period within which the information or document is to be given—within the longer period. See also sections 66F (1) (a) (iv) and 66H (1) (c) (iv) .\n- (a) a registered lobbyist— (i) may be disqualified from being a registered lobbyist under section 49 ; or (ii) may have failed to comply with— (A) a condition of the lobbyist’s registration; or (B) the registered lobbyists code of conduct or a directive; or (C) part 5 ; or (D) section 65 , 66 , 66A or this section; or\n- (i) may be disqualified from being a registered lobbyist under section 49 ; or\n- (ii) may have failed to comply with— (A) a condition of the lobbyist’s registration; or (B) the registered lobbyists code of conduct or a directive; or (C) part 5 ; or (D) section 65 , 66 , 66A or this section; or\n- (A) a condition of the lobbyist’s registration; or\n- (B) the registered lobbyists code of conduct or a directive; or\n- (C) part 5 ; or\n- (D) section 65 , 66 , 66A or this section; or\n- (b) another person may have information relating to a matter mentioned in paragraph (a) .\n- (i) may be disqualified from being a registered lobbyist under section 49 ; or\n- (ii) may have failed to comply with— (A) a condition of the lobbyist’s registration; or (B) the registered lobbyists code of conduct or a directive; or (C) part 5 ; or (D) section 65 , 66 , 66A or this section; or\n- (A) a condition of the lobbyist’s registration; or\n- (B) the registered lobbyists code of conduct or a directive; or\n- (C) part 5 ; or\n- (D) section 65 , 66 , 66A or this section; or\n- (A) a condition of the lobbyist’s registration; or\n- (B) the registered lobbyists code of conduct or a directive; or\n- (C) part 5 ; or\n- (D) section 65 , 66 , 66A or this section; or\n- (a) within the reasonable period of at least 15 business days stated in the notice; or\n- (b) if the integrity commissioner and the lobbyist or other person agree in writing to a longer period within which the information or document is to be given—within the longer period.","sortOrder":99},{"sectionNumber":"sec.66E","sectionType":"section","heading":"Verification by statutory declaration","content":"### sec.66E Verification by statutory declaration\n\nThe integrity commissioner may require information or a document given under this part to be verified by statutory declaration.\ns 66E ins 2024 No. 3 s 36","sortOrder":100},{"sectionNumber":"ch.4-pt.8","sectionType":"part","heading":"Compliance notices","content":"# Compliance notices","sortOrder":101},{"sectionNumber":"sec.66F","sectionType":"section","heading":"When compliance notice may be given","content":"### sec.66F When compliance notice may be given\n\nThis section applies if the integrity commissioner—\nsuspects a registered lobbyist may have failed to comply with—\na condition of the lobbyist’s registration; or\nthe registered lobbyists code of conduct or a directive; or\npart 5 ; or\nsection 65 , 66 , 66A or 66D ; and\nbelieves—\na matter relating to the failure is reasonably capable of being rectified; and\nit is appropriate to give the registered lobbyist an opportunity to rectify the matter.\nThe integrity commissioner may give the registered lobbyist a notice (a compliance notice ) requiring the lobbyist to rectify the matter, including, for example, by doing an act or refraining from doing an act.\ns 66F ins 2024 No. 3 s 36\n(sec.66F-ssec.1) This section applies if the integrity commissioner— suspects a registered lobbyist may have failed to comply with— a condition of the lobbyist’s registration; or the registered lobbyists code of conduct or a directive; or part 5 ; or section 65 , 66 , 66A or 66D ; and believes— a matter relating to the failure is reasonably capable of being rectified; and it is appropriate to give the registered lobbyist an opportunity to rectify the matter.\n(sec.66F-ssec.2) The integrity commissioner may give the registered lobbyist a notice (a compliance notice ) requiring the lobbyist to rectify the matter, including, for example, by doing an act or refraining from doing an act.\n- (a) suspects a registered lobbyist may have failed to comply with— (i) a condition of the lobbyist’s registration; or (ii) the registered lobbyists code of conduct or a directive; or (iii) part 5 ; or (iv) section 65 , 66 , 66A or 66D ; and\n- (i) a condition of the lobbyist’s registration; or\n- (ii) the registered lobbyists code of conduct or a directive; or\n- (iii) part 5 ; or\n- (iv) section 65 , 66 , 66A or 66D ; and\n- (b) believes— (i) a matter relating to the failure is reasonably capable of being rectified; and (ii) it is appropriate to give the registered lobbyist an opportunity to rectify the matter.\n- (i) a matter relating to the failure is reasonably capable of being rectified; and\n- (ii) it is appropriate to give the registered lobbyist an opportunity to rectify the matter.\n- (i) a condition of the lobbyist’s registration; or\n- (ii) the registered lobbyists code of conduct or a directive; or\n- (iii) part 5 ; or\n- (iv) section 65 , 66 , 66A or 66D ; and\n- (i) a matter relating to the failure is reasonably capable of being rectified; and\n- (ii) it is appropriate to give the registered lobbyist an opportunity to rectify the matter.","sortOrder":102},{"sectionNumber":"sec.66G","sectionType":"section","heading":"Requirements for compliance notice","content":"### sec.66G Requirements for compliance notice\n\nThe compliance notice must state—\nthat the integrity commissioner suspects the registered lobbyist is failing, or has failed, to comply with—\na condition of the lobbyist’s registration; or\nthe registered lobbyists code of conduct or a directive; or\npart 5 ; or\nsection 65 , 66 , 66A or 66D ; and\nbriefly, how it is suspected the registered lobbyist is failing, or has failed, to comply; and\nthe matter relating to the failure that the integrity commissioner believes is reasonably capable of being rectified; and\nthe reasonable steps the registered lobbyist must take to rectify the matter; and\nthat the registered lobbyist must take the steps within a stated reasonable period; and\nthat failure to comply with the notice may lead to the integrity commissioner taking action under part 9 .\nIf the compliance notice requires the registered lobbyist to refrain from doing an act, it also must state either—\na period for which the requirement applies; or\nthat the requirement applies until further notice.\ns 66G ins 2024 No. 3 s 36\n(sec.66G-ssec.1) The compliance notice must state— that the integrity commissioner suspects the registered lobbyist is failing, or has failed, to comply with— a condition of the lobbyist’s registration; or the registered lobbyists code of conduct or a directive; or part 5 ; or section 65 , 66 , 66A or 66D ; and briefly, how it is suspected the registered lobbyist is failing, or has failed, to comply; and the matter relating to the failure that the integrity commissioner believes is reasonably capable of being rectified; and the reasonable steps the registered lobbyist must take to rectify the matter; and that the registered lobbyist must take the steps within a stated reasonable period; and that failure to comply with the notice may lead to the integrity commissioner taking action under part 9 .\n(sec.66G-ssec.2) If the compliance notice requires the registered lobbyist to refrain from doing an act, it also must state either— a period for which the requirement applies; or that the requirement applies until further notice.\n- (a) that the integrity commissioner suspects the registered lobbyist is failing, or has failed, to comply with— (i) a condition of the lobbyist’s registration; or (ii) the registered lobbyists code of conduct or a directive; or (iii) part 5 ; or (iv) section 65 , 66 , 66A or 66D ; and\n- (i) a condition of the lobbyist’s registration; or\n- (ii) the registered lobbyists code of conduct or a directive; or\n- (iii) part 5 ; or\n- (iv) section 65 , 66 , 66A or 66D ; and\n- (b) briefly, how it is suspected the registered lobbyist is failing, or has failed, to comply; and\n- (c) the matter relating to the failure that the integrity commissioner believes is reasonably capable of being rectified; and\n- (d) the reasonable steps the registered lobbyist must take to rectify the matter; and\n- (e) that the registered lobbyist must take the steps within a stated reasonable period; and\n- (f) that failure to comply with the notice may lead to the integrity commissioner taking action under part 9 .\n- (i) a condition of the lobbyist’s registration; or\n- (ii) the registered lobbyists code of conduct or a directive; or\n- (iii) part 5 ; or\n- (iv) section 65 , 66 , 66A or 66D ; and\n- (a) a period for which the requirement applies; or\n- (b) that the requirement applies until further notice.","sortOrder":103},{"sectionNumber":"ch.4-pt.9","sectionType":"part","heading":"Sanctions for non-compliance","content":"# Sanctions for non-compliance","sortOrder":104},{"sectionNumber":"sec.66H","sectionType":"section","heading":"Grounds for taking action","content":"### sec.66H Grounds for taking action\n\nThe integrity commissioner may take 1 or more of the actions mentioned in subsection (2) in relation to the registration of an entity as a lobbyist if—\nthe registration was obtained because of incorrect or misleading information; or\nthe integrity commissioner believes the entity is disqualified as a registered lobbyist under section 49 ; or\nthe integrity commissioner believes the entity has failed to comply with—\na condition of the registration; or\nthe registered lobbyists code of conduct or a directive; or\npart 5 ; or\nsection 65 , 66 , 66A or 66D ; or\nthe integrity commissioner believes the entity has failed to comply, without a reasonable excuse, with a compliance notice; or\nthe entity has been charged with an indictable offence; or\nthe registration of the entity as a lobbyist in another jurisdiction has been cancelled or suspended; or\nthe integrity commissioner believes there is another sufficient ground to take the action.\nThe integrity commissioner may consider it sufficient that, in Queensland or elsewhere, the entity has acted in a way the integrity commissioner considers is inconsistent with general standards of ethical behaviour.\nThe actions are—\nto impose a condition on, or vary or remove a condition of, the registration; or\nto suspend the registration for a stated period of not more than 12 months; or\nto cancel the registration.\ns 66H ins 2024 No. 3 s 36\n(sec.66H-ssec.1) The integrity commissioner may take 1 or more of the actions mentioned in subsection (2) in relation to the registration of an entity as a lobbyist if— the registration was obtained because of incorrect or misleading information; or the integrity commissioner believes the entity is disqualified as a registered lobbyist under section 49 ; or the integrity commissioner believes the entity has failed to comply with— a condition of the registration; or the registered lobbyists code of conduct or a directive; or part 5 ; or section 65 , 66 , 66A or 66D ; or the integrity commissioner believes the entity has failed to comply, without a reasonable excuse, with a compliance notice; or the entity has been charged with an indictable offence; or the registration of the entity as a lobbyist in another jurisdiction has been cancelled or suspended; or the integrity commissioner believes there is another sufficient ground to take the action. The integrity commissioner may consider it sufficient that, in Queensland or elsewhere, the entity has acted in a way the integrity commissioner considers is inconsistent with general standards of ethical behaviour.\n(sec.66H-ssec.2) The actions are— to impose a condition on, or vary or remove a condition of, the registration; or to suspend the registration for a stated period of not more than 12 months; or to cancel the registration.\n- (a) the registration was obtained because of incorrect or misleading information; or\n- (b) the integrity commissioner believes the entity is disqualified as a registered lobbyist under section 49 ; or\n- (c) the integrity commissioner believes the entity has failed to comply with— (i) a condition of the registration; or (ii) the registered lobbyists code of conduct or a directive; or (iii) part 5 ; or (iv) section 65 , 66 , 66A or 66D ; or\n- (i) a condition of the registration; or\n- (ii) the registered lobbyists code of conduct or a directive; or\n- (iii) part 5 ; or\n- (iv) section 65 , 66 , 66A or 66D ; or\n- (d) the integrity commissioner believes the entity has failed to comply, without a reasonable excuse, with a compliance notice; or\n- (e) the entity has been charged with an indictable offence; or\n- (f) the registration of the entity as a lobbyist in another jurisdiction has been cancelled or suspended; or\n- (g) the integrity commissioner believes there is another sufficient ground to take the action. Example— The integrity commissioner may consider it sufficient that, in Queensland or elsewhere, the entity has acted in a way the integrity commissioner considers is inconsistent with general standards of ethical behaviour.\n- (i) a condition of the registration; or\n- (ii) the registered lobbyists code of conduct or a directive; or\n- (iii) part 5 ; or\n- (iv) section 65 , 66 , 66A or 66D ; or\n- (a) to impose a condition on, or vary or remove a condition of, the registration; or\n- (b) to suspend the registration for a stated period of not more than 12 months; or\n- (c) to cancel the registration.","sortOrder":105},{"sectionNumber":"sec.66I","sectionType":"section","heading":"Show cause notice before taking action","content":"### sec.66I Show cause notice before taking action\n\nThis section applies if the integrity commissioner is considering taking action under section 66H in relation to an entity.\nThe integrity commissioner must first give the entity a notice (a show cause notice ) stating—\nthat the integrity commissioner intends to take the action; and\nthe proposed action; and\nthe ground for the proposed action; and\nan outline of the facts and circumstances forming the basis for the ground for the proposed action; and\nthat the entity may, within 14 days after the notice is given, or a longer period agreed to by the integrity commissioner, give the integrity commissioner a written response to the proposed action.\nIf the entity is a listed person for an entity, the written response under subsection (2) (e) can be given by either the listed person or the entity.\ns 66I ins 2024 No. 3 s 36\n(sec.66I-ssec.1) This section applies if the integrity commissioner is considering taking action under section 66H in relation to an entity.\n(sec.66I-ssec.2) The integrity commissioner must first give the entity a notice (a show cause notice ) stating— that the integrity commissioner intends to take the action; and the proposed action; and the ground for the proposed action; and an outline of the facts and circumstances forming the basis for the ground for the proposed action; and that the entity may, within 14 days after the notice is given, or a longer period agreed to by the integrity commissioner, give the integrity commissioner a written response to the proposed action.\n(sec.66I-ssec.3) If the entity is a listed person for an entity, the written response under subsection (2) (e) can be given by either the listed person or the entity.\n- (a) that the integrity commissioner intends to take the action; and\n- (b) the proposed action; and\n- (c) the ground for the proposed action; and\n- (d) an outline of the facts and circumstances forming the basis for the ground for the proposed action; and\n- (e) that the entity may, within 14 days after the notice is given, or a longer period agreed to by the integrity commissioner, give the integrity commissioner a written response to the proposed action.","sortOrder":106},{"sectionNumber":"sec.66J","sectionType":"section","heading":"Decision in relation to taking action after show cause process","content":"### sec.66J Decision in relation to taking action after show cause process\n\nAfter considering any written response received under section 66I (2) (e) , the integrity commissioner may decide—\nto take the proposed action stated in the show cause notice; or\nto take different action under section 66H (2) the integrity commissioner considers appropriate; or\nThe proposed action stated in the show cause notice was to cancel the entity’s registration as a lobbyist. After considering the written response to the show cause notice, the integrity commissioner may decide to suspend the entity’s registration for a stated period of not more than 12 months instead of cancelling the registration.\nto issue a warning to the entity instead of taking any action under section 66H (2) ; or\nnot to take any action under section 66H (2) .\nThe integrity commissioner must give notice of the decision to the entity.\nThe decision takes effect at the end of 10 days after the date of the decision or, if the notice states a later day of effect, on the later day.\nIf the entity is a listed person for an entity, the notice given under subsection (2) must be given to the listed person and the entity.\ns 66J ins 2024 No. 3 s 36\n(sec.66J-ssec.1) After considering any written response received under section 66I (2) (e) , the integrity commissioner may decide— to take the proposed action stated in the show cause notice; or to take different action under section 66H (2) the integrity commissioner considers appropriate; or The proposed action stated in the show cause notice was to cancel the entity’s registration as a lobbyist. After considering the written response to the show cause notice, the integrity commissioner may decide to suspend the entity’s registration for a stated period of not more than 12 months instead of cancelling the registration. to issue a warning to the entity instead of taking any action under section 66H (2) ; or not to take any action under section 66H (2) .\n(sec.66J-ssec.2) The integrity commissioner must give notice of the decision to the entity.\n(sec.66J-ssec.3) The decision takes effect at the end of 10 days after the date of the decision or, if the notice states a later day of effect, on the later day.\n(sec.66J-ssec.4) If the entity is a listed person for an entity, the notice given under subsection (2) must be given to the listed person and the entity.\n- (a) to take the proposed action stated in the show cause notice; or\n- (b) to take different action under section 66H (2) the integrity commissioner considers appropriate; or Example— The proposed action stated in the show cause notice was to cancel the entity’s registration as a lobbyist. After considering the written response to the show cause notice, the integrity commissioner may decide to suspend the entity’s registration for a stated period of not more than 12 months instead of cancelling the registration.\n- (c) to issue a warning to the entity instead of taking any action under section 66H (2) ; or\n- (d) not to take any action under section 66H (2) .","sortOrder":107},{"sectionNumber":"sec.66K","sectionType":"section","heading":"Extension of suspension of registration","content":"### sec.66K Extension of suspension of registration\n\nThis section applies if—\nunder section 66H , the integrity commissioner suspends the registration of an entity as a lobbyist for a stated period (the initial suspension period ); and\nafter the initial suspension period starts, the integrity commissioner decides that the facts and circumstances forming the basis for the ground for suspending the registration warrant the suspension of the registration for a further period.\nThe integrity commissioner may extend the period of the suspension for a further stated period.\nThe total period of suspension must not be more than 12 months.\nThe integrity commissioner must give the entity notice of the further period of suspension before the initial suspension period ends.\nIf the entity is a listed person for an entity, the notice given under subsection (4) must be given to the listed person and the entity.\ns 66K ins 2024 No. 3 s 36\n(sec.66K-ssec.1) This section applies if— under section 66H , the integrity commissioner suspends the registration of an entity as a lobbyist for a stated period (the initial suspension period ); and after the initial suspension period starts, the integrity commissioner decides that the facts and circumstances forming the basis for the ground for suspending the registration warrant the suspension of the registration for a further period.\n(sec.66K-ssec.2) The integrity commissioner may extend the period of the suspension for a further stated period.\n(sec.66K-ssec.3) The total period of suspension must not be more than 12 months.\n(sec.66K-ssec.4) The integrity commissioner must give the entity notice of the further period of suspension before the initial suspension period ends.\n(sec.66K-ssec.5) If the entity is a listed person for an entity, the notice given under subsection (4) must be given to the listed person and the entity.\n- (a) under section 66H , the integrity commissioner suspends the registration of an entity as a lobbyist for a stated period (the initial suspension period ); and\n- (b) after the initial suspension period starts, the integrity commissioner decides that the facts and circumstances forming the basis for the ground for suspending the registration warrant the suspension of the registration for a further period.","sortOrder":108},{"sectionNumber":"ch.4-pt.10","sectionType":"part","heading":"Register","content":"# Register","sortOrder":109},{"sectionNumber":"sec.66L","sectionType":"section","heading":"Lobbying register","content":"### sec.66L Lobbying register\n\nThe integrity commissioner must keep a register of registered lobbyists (the lobbying register ).\nThe lobbying register—\nmay be kept in the way the integrity commissioner considers appropriate, including, for example, in an electronic form; and\nmust be published on the integrity commissioner’s website.\ns 66L ins 2024 No. 3 s 36\n(sec.66L-ssec.1) The integrity commissioner must keep a register of registered lobbyists (the lobbying register ).\n(sec.66L-ssec.2) The lobbying register— may be kept in the way the integrity commissioner considers appropriate, including, for example, in an electronic form; and must be published on the integrity commissioner’s website.\n- (a) may be kept in the way the integrity commissioner considers appropriate, including, for example, in an electronic form; and\n- (b) must be published on the integrity commissioner’s website.","sortOrder":110},{"sectionNumber":"sec.66M","sectionType":"section","heading":"Particulars to be recorded in lobbying register","content":"### sec.66M Particulars to be recorded in lobbying register\n\nThe lobbying register must contain the following particulars for each registered lobbyist—\nthe name of the registered lobbyist;\nif the registered lobbyist trades as a business—\nthe business or trading name of the business; and\nthe ABN for the business;\nif the registered lobbyist is an entity for which listed persons carry out a lobbying activity—the name of each listed person for the entity;\nif the registered lobbyist is a listed person for an entity—the lobbyist’s role in the entity;\nif the registered lobbyist is a former representative—\nthe date on which the lobbyist became a former representative; and\ndetails of the official dealings in which the registered lobbyist engaged in the person’s official capacity in the 2 years immediately before becoming a former representative;\nif the registered lobbyist has officers or employees—the name of each officer or employee of the registered lobbyist other than—\nan officer or employee who is a registered lobbyist; or\nan employee whose role within the entity involves only administrative duties; or\nan employee whose role within the entity involves work only outside Queensland;\nthe name and contact details of each entity with whom the registered lobbyist has a contract or other agreement under which the registered lobbyist is required or permitted to provide a lobbying activity;\nthe name and contact details of each entity for whom the registered lobbyist has carried out a lobbying activity in the 12 months immediately before—\nthe application for the lobbyist’s registration was made; or\nthe lobbyist gave the integrity commissioner information under section 65 or 66 ;\nif the registration of the registered lobbyist has been suspended under part 9 —the grounds for the suspension and the period of the suspension;\nany other particulars prescribed by regulation.\ns 66M ins 2024 No. 3 s 36\n- (a) the name of the registered lobbyist;\n- (b) if the registered lobbyist trades as a business— (i) the business or trading name of the business; and (ii) the ABN for the business;\n- (i) the business or trading name of the business; and\n- (ii) the ABN for the business;\n- (c) if the registered lobbyist is an entity for which listed persons carry out a lobbying activity—the name of each listed person for the entity;\n- (d) if the registered lobbyist is a listed person for an entity—the lobbyist’s role in the entity;\n- (e) if the registered lobbyist is a former representative— (i) the date on which the lobbyist became a former representative; and (ii) details of the official dealings in which the registered lobbyist engaged in the person’s official capacity in the 2 years immediately before becoming a former representative;\n- (i) the date on which the lobbyist became a former representative; and\n- (ii) details of the official dealings in which the registered lobbyist engaged in the person’s official capacity in the 2 years immediately before becoming a former representative;\n- (f) if the registered lobbyist has officers or employees—the name of each officer or employee of the registered lobbyist other than— (i) an officer or employee who is a registered lobbyist; or (ii) an employee whose role within the entity involves only administrative duties; or (iii) an employee whose role within the entity involves work only outside Queensland;\n- (i) an officer or employee who is a registered lobbyist; or\n- (ii) an employee whose role within the entity involves only administrative duties; or\n- (iii) an employee whose role within the entity involves work only outside Queensland;\n- (g) the name and contact details of each entity with whom the registered lobbyist has a contract or other agreement under which the registered lobbyist is required or permitted to provide a lobbying activity;\n- (h) the name and contact details of each entity for whom the registered lobbyist has carried out a lobbying activity in the 12 months immediately before— (i) the application for the lobbyist’s registration was made; or (ii) the lobbyist gave the integrity commissioner information under section 65 or 66 ;\n- (i) the application for the lobbyist’s registration was made; or\n- (ii) the lobbyist gave the integrity commissioner information under section 65 or 66 ;\n- (i) if the registration of the registered lobbyist has been suspended under part 9 —the grounds for the suspension and the period of the suspension;\n- (j) any other particulars prescribed by regulation.\n- (i) the business or trading name of the business; and\n- (ii) the ABN for the business;\n- (i) the date on which the lobbyist became a former representative; and\n- (ii) details of the official dealings in which the registered lobbyist engaged in the person’s official capacity in the 2 years immediately before becoming a former representative;\n- (i) an officer or employee who is a registered lobbyist; or\n- (ii) an employee whose role within the entity involves only administrative duties; or\n- (iii) an employee whose role within the entity involves work only outside Queensland;\n- (i) the application for the lobbyist’s registration was made; or\n- (ii) the lobbyist gave the integrity commissioner information under section 65 or 66 ;","sortOrder":111},{"sectionNumber":"sec.66N","sectionType":"section","heading":"Updating lobbying register","content":"### sec.66N Updating lobbying register\n\nIf the integrity commissioner receives a notice under section 65 relating to a change in the recorded particulars of a registered lobbyist, the integrity commissioner must update the lobbying register to reflect the change as soon as practicable after receiving the notice.\nIf the integrity commissioner becomes aware that a registered lobbyist is disqualified under section 49 from being a registered lobbyist, or continuing to be a registered lobbyist, the integrity commissioner must immediately remove from the lobbying register the individual’s name as a registered lobbyist.\nIf the integrity commissioner receives a notice under section 66A that an individual who is a registered lobbyist intends to perform a substantial role in an election campaign, the integrity commissioner must immediately remove from the lobbying register the individual’s name as a registered lobbyist.\nIf the integrity commissioner cancels or suspends an entity’s registration as a lobbyist under part 9 , the integrity commissioner must immediately update the lobbying register to reflect the cancellation or suspension.\ns 66N ins 2024 No. 3 s 36\n(sec.66N-ssec.1) If the integrity commissioner receives a notice under section 65 relating to a change in the recorded particulars of a registered lobbyist, the integrity commissioner must update the lobbying register to reflect the change as soon as practicable after receiving the notice.\n(sec.66N-ssec.2) If the integrity commissioner becomes aware that a registered lobbyist is disqualified under section 49 from being a registered lobbyist, or continuing to be a registered lobbyist, the integrity commissioner must immediately remove from the lobbying register the individual’s name as a registered lobbyist.\n(sec.66N-ssec.3) If the integrity commissioner receives a notice under section 66A that an individual who is a registered lobbyist intends to perform a substantial role in an election campaign, the integrity commissioner must immediately remove from the lobbying register the individual’s name as a registered lobbyist.\n(sec.66N-ssec.4) If the integrity commissioner cancels or suspends an entity’s registration as a lobbyist under part 9 , the integrity commissioner must immediately update the lobbying register to reflect the cancellation or suspension.","sortOrder":112},{"sectionNumber":"ch.4-pt.11","sectionType":"part","heading":"Other offences","content":"# Other offences","sortOrder":113},{"sectionNumber":"sec.66O","sectionType":"section","heading":"Particular conduct of unregistered person prohibited","content":"### sec.66O Particular conduct of unregistered person prohibited\n\nA person who is not a registered lobbyist must not—\ncarry on, or purport to carry on, a business of providing services constituting, or including, a lobbying activity for another person; or\nhold out that the person is a registered lobbyist; or\ntake or use a title, name or description that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate the person is a registered lobbyist.\nMaximum penalty—200 penalty units.\ns 66O ins 2024 No. 3 s 36\n- (a) carry on, or purport to carry on, a business of providing services constituting, or including, a lobbying activity for another person; or\n- (b) hold out that the person is a registered lobbyist; or\n- (c) take or use a title, name or description that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate the person is a registered lobbyist.","sortOrder":114},{"sectionNumber":"sec.66P","sectionType":"section","heading":"Success fee prohibited","content":"### sec.66P Success fee prohibited\n\nA person must not give, or agree to give, to another person (a lobbyist ), or a related person of the lobbyist, a success fee in relation to a lobbying activity carried out by or for the lobbyist.\nMaximum penalty—200 penalty units.\nA person (a lobbyist ), or a related person of the lobbyist, must not receive, or agree to receive, from another person a success fee in relation to a lobbying activity carried out by or for the lobbyist.\nMaximum penalty—200 penalty units.\nIf a conviction is obtained against a person under subsection (1) or (2) , the success fee is forfeited to the State.\nIf the conviction of a person under subsection (1) or (2) is quashed, a success fee forfeited to the State must be returned to the person.\nIn this section—\nconviction includes a plea of guilty or a finding of guilt by a court even if a conviction is not recorded.\nrelated person , of a lobbyist, is a related person of the lobbyist within the meaning of the Duties Act 2001 , section 61 (1) .\nsuccess fee , in relation to a lobbying activity, means an amount of money or other reward the giving or receiving of all or part of which is contingent on the outcome of a lobbying activity.\ns 66P ins 2024 No. 3 s 36\n(sec.66P-ssec.1) A person must not give, or agree to give, to another person (a lobbyist ), or a related person of the lobbyist, a success fee in relation to a lobbying activity carried out by or for the lobbyist. Maximum penalty—200 penalty units.\n(sec.66P-ssec.2) A person (a lobbyist ), or a related person of the lobbyist, must not receive, or agree to receive, from another person a success fee in relation to a lobbying activity carried out by or for the lobbyist. Maximum penalty—200 penalty units.\n(sec.66P-ssec.3) If a conviction is obtained against a person under subsection (1) or (2) , the success fee is forfeited to the State.\n(sec.66P-ssec.4) If the conviction of a person under subsection (1) or (2) is quashed, a success fee forfeited to the State must be returned to the person.\n(sec.66P-ssec.5) In this section— conviction includes a plea of guilty or a finding of guilt by a court even if a conviction is not recorded. related person , of a lobbyist, is a related person of the lobbyist within the meaning of the Duties Act 2001 , section 61 (1) . success fee , in relation to a lobbying activity, means an amount of money or other reward the giving or receiving of all or part of which is contingent on the outcome of a lobbying activity.","sortOrder":115},{"sectionNumber":"ch.4-pt.12","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":116},{"sectionNumber":"sec.66Q","sectionType":"section","heading":"Act not to require or limit particular communication","content":"### sec.66Q Act not to require or limit particular communication\n\nTo remove any doubt, it is declared that nothing in this chapter—\nrequires a representative to communicate with a particular entity carrying out a lobbying activity, or entities carrying out lobbying activities in general; or\nlimits an entity from communicating with a representative if the representative is required under a law to take account of information communicated by the entity.\ns 66Q ins 2024 No. 3 s 36\n- (a) requires a representative to communicate with a particular entity carrying out a lobbying activity, or entities carrying out lobbying activities in general; or\n- (b) limits an entity from communicating with a representative if the representative is required under a law to take account of information communicated by the entity.","sortOrder":117},{"sectionNumber":"sec.67","sectionType":"section","heading":null,"content":"### Section sec.67\n\ns 67 om 2024 No. 3 s 36","sortOrder":118},{"sectionNumber":"sec.68","sectionType":"section","heading":null,"content":"### Section sec.68\n\ns 68 amd 2010 No. 37 s 57 ; 2012 No. 45 s 19\nom 2024 No. 3 s 36","sortOrder":119},{"sectionNumber":"sec.69","sectionType":"section","heading":null,"content":"### Section sec.69\n\ns 69 amd 2010 No. 37 s 65 (6)\nom 2024 No. 3 s 36","sortOrder":120},{"sectionNumber":"sec.70","sectionType":"section","heading":null,"content":"### Section sec.70\n\ns 70 sub 2012 No. 45 s 20\nom 2024 No. 3 s 36","sortOrder":121},{"sectionNumber":"sec.71","sectionType":"section","heading":null,"content":"### Section sec.71\n\ns 71 amd 2010 No. 37 s 58 ; 2012 No. 45 s 21\nom 2024 No. 3 s 36","sortOrder":122},{"sectionNumber":"sec.71A","sectionType":"section","heading":null,"content":"### Section sec.71A\n\ns 71A ins 2022 No. 33 s 51\nom 2024 No. 3 s 36","sortOrder":123},{"sectionNumber":"sec.71AA","sectionType":"section","heading":null,"content":"### Section sec.71AA\n\ns 71AA ins 2024 No. 3 s 46F\nom 2024 No. 3 s 36","sortOrder":124},{"sectionNumber":"sec.72","sectionType":"section","heading":null,"content":"### Section sec.72\n\ns 72 amd 2012 No. 45 s 22\nom 2024 No. 3 s 36","sortOrder":125},{"sectionNumber":"sec.72A","sectionType":"section","heading":null,"content":"### Section sec.72A\n\ns 72A ins 2010 No. 37 s 59\namd 2012 No. 45 s 23\nom 2024 No. 3 s 36","sortOrder":126},{"sectionNumber":"ch.5-pt.1","sectionType":"part","heading":"Integrity commissioner","content":"# Integrity commissioner","sortOrder":127},{"sectionNumber":"sec.73","sectionType":"section","heading":"Appointment","content":"### sec.73 Appointment\n\nThe integrity commissioner is to be appointed by the Governor in Council.\nThe integrity commissioner is to be appointed under this Act, and not under the Public Sector Act 2022 .\ns 73 amd 2022 No. 34 s 365 sch 3\n(sec.73-ssec.1) The integrity commissioner is to be appointed by the Governor in Council.\n(sec.73-ssec.2) The integrity commissioner is to be appointed under this Act, and not under the Public Sector Act 2022 .","sortOrder":128},{"sectionNumber":"sec.74","sectionType":"section","heading":"Procedure before appointment","content":"### sec.74 Procedure before appointment\n\nA person may be appointed as integrity commissioner only if—\nthe Minister has placed press advertisements nationally calling for applications from suitably qualified persons to be considered for appointment; and\nthe person has been selected for appointment in accordance with a process for selection approved by the parliamentary committee; and\nthe Minister has obtained the parliamentary committee’s approval for the appointment of the person as the integrity commissioner.\nA person is suitably qualified for appointment as the integrity commissioner if the person has knowledge, experience, personal qualities and standing within the community suitable to the office.\nFor subsection (1) (c) , the parliamentary committee—\nmust decide to give or not give the approval within 20 business days after receiving the request for the approval from the Minister (the original period ) or within the further period agreed under subsection (4) ; and\nis taken to have approved the appointment of the person as the integrity commissioner if the committee does not notify the Minister of its decision under paragraph (a) within the period stated in that paragraph.\nThe Minister and chair of the parliamentary committee may, before the end of the original period, agree to extend the original period by a further period of not more than 20 business days.\nSubsection (1) (a) and (b) does not apply to the reappointment of a person as integrity commissioner.\ns 74 amd 2024 No. 3 s 37\n(sec.74-ssec.1) A person may be appointed as integrity commissioner only if— the Minister has placed press advertisements nationally calling for applications from suitably qualified persons to be considered for appointment; and the person has been selected for appointment in accordance with a process for selection approved by the parliamentary committee; and the Minister has obtained the parliamentary committee’s approval for the appointment of the person as the integrity commissioner.\n(sec.74-ssec.2) A person is suitably qualified for appointment as the integrity commissioner if the person has knowledge, experience, personal qualities and standing within the community suitable to the office.\n(sec.74-ssec.3) For subsection (1) (c) , the parliamentary committee— must decide to give or not give the approval within 20 business days after receiving the request for the approval from the Minister (the original period ) or within the further period agreed under subsection (4) ; and is taken to have approved the appointment of the person as the integrity commissioner if the committee does not notify the Minister of its decision under paragraph (a) within the period stated in that paragraph.\n(sec.74-ssec.4) The Minister and chair of the parliamentary committee may, before the end of the original period, agree to extend the original period by a further period of not more than 20 business days.\n(sec.74-ssec.5) Subsection (1) (a) and (b) does not apply to the reappointment of a person as integrity commissioner.\n- (a) the Minister has placed press advertisements nationally calling for applications from suitably qualified persons to be considered for appointment; and\n- (b) the person has been selected for appointment in accordance with a process for selection approved by the parliamentary committee; and\n- (c) the Minister has obtained the parliamentary committee’s approval for the appointment of the person as the integrity commissioner.\n- (a) must decide to give or not give the approval within 20 business days after receiving the request for the approval from the Minister (the original period ) or within the further period agreed under subsection (4) ; and\n- (b) is taken to have approved the appointment of the person as the integrity commissioner if the committee does not notify the Minister of its decision under paragraph (a) within the period stated in that paragraph.","sortOrder":129},{"sectionNumber":"sec.75","sectionType":"section","heading":"Term of appointment","content":"### sec.75 Term of appointment\n\nSubject to sections 78 and 82 , the integrity commissioner holds office for the term, not longer than 5 years, stated in the instrument of appointment.\nHowever, a person being reappointed as integrity commissioner can not be reappointed for a term that would result in the person holding office as integrity commissioner for more than 10 years continuously.\n(sec.75-ssec.1) Subject to sections 78 and 82 , the integrity commissioner holds office for the term, not longer than 5 years, stated in the instrument of appointment.\n(sec.75-ssec.2) However, a person being reappointed as integrity commissioner can not be reappointed for a term that would result in the person holding office as integrity commissioner for more than 10 years continuously.","sortOrder":130},{"sectionNumber":"sec.76","sectionType":"section","heading":"Remuneration and conditions","content":"### sec.76 Remuneration and conditions\n\nThe integrity commissioner is to be paid the remuneration and allowances decided by the Governor in Council.\nThe remuneration paid to the integrity commissioner must not be reduced during the commissioner’s term of office without the integrity commissioner’s written consent.\nIn relation to matters not provided for by this Act, the integrity commissioner holds office on the terms and conditions decided by the Governor in Council.\nThe Minister may make a recommendation to the Governor in Council regarding the remuneration, allowances, and terms and conditions of office only with the approval of the parliamentary committee.\nFor subsection (4) , the parliamentary committee—\nmust decide to give or not give the approval within 20 business days after receiving the request for the approval from the Minister (the original period ) or within the further period agreed under subsection (6) ; and\nis taken to have approved the remuneration, allowances, and terms and conditions of office stated in the request if the committee does not notify the Minister of its decision under paragraph (a) within the period stated in that paragraph.\nThe Minister and chair of the parliamentary committee may, before the end of the original period, agree to extend the original period by a further period of not more than 20 business days.\ns 76 amd 2024 No. 3 s 38\n(sec.76-ssec.1) The integrity commissioner is to be paid the remuneration and allowances decided by the Governor in Council.\n(sec.76-ssec.2) The remuneration paid to the integrity commissioner must not be reduced during the commissioner’s term of office without the integrity commissioner’s written consent.\n(sec.76-ssec.3) In relation to matters not provided for by this Act, the integrity commissioner holds office on the terms and conditions decided by the Governor in Council.\n(sec.76-ssec.4) The Minister may make a recommendation to the Governor in Council regarding the remuneration, allowances, and terms and conditions of office only with the approval of the parliamentary committee.\n(sec.76-ssec.5) For subsection (4) , the parliamentary committee— must decide to give or not give the approval within 20 business days after receiving the request for the approval from the Minister (the original period ) or within the further period agreed under subsection (6) ; and is taken to have approved the remuneration, allowances, and terms and conditions of office stated in the request if the committee does not notify the Minister of its decision under paragraph (a) within the period stated in that paragraph.\n(sec.76-ssec.6) The Minister and chair of the parliamentary committee may, before the end of the original period, agree to extend the original period by a further period of not more than 20 business days.\n- (a) must decide to give or not give the approval within 20 business days after receiving the request for the approval from the Minister (the original period ) or within the further period agreed under subsection (6) ; and\n- (b) is taken to have approved the remuneration, allowances, and terms and conditions of office stated in the request if the committee does not notify the Minister of its decision under paragraph (a) within the period stated in that paragraph.","sortOrder":131},{"sectionNumber":"sec.77","sectionType":"section","heading":"Leave of absence","content":"### sec.77 Leave of absence\n\nThe Minister may grant leave of absence to the integrity commissioner on the terms the Minister considers appropriate.","sortOrder":132},{"sectionNumber":"sec.78","sectionType":"section","heading":"Resignation","content":"### sec.78 Resignation\n\nThe integrity commissioner may resign by signed notice given to the Minister.\nAs soon as practicable after the notice is given to the Minister, the Minister must—\ngive the notice to the Governor for information; and\ngive a copy of the notice to—\nthe Speaker; and\nthe chairperson of the parliamentary committee.\nFailure to comply with subsection (2) does not affect the effectiveness of the resignation.\n(sec.78-ssec.1) The integrity commissioner may resign by signed notice given to the Minister.\n(sec.78-ssec.2) As soon as practicable after the notice is given to the Minister, the Minister must— give the notice to the Governor for information; and give a copy of the notice to— the Speaker; and the chairperson of the parliamentary committee.\n(sec.78-ssec.3) Failure to comply with subsection (2) does not affect the effectiveness of the resignation.\n- (a) give the notice to the Governor for information; and\n- (b) give a copy of the notice to— (i) the Speaker; and (ii) the chairperson of the parliamentary committee.\n- (i) the Speaker; and\n- (ii) the chairperson of the parliamentary committee.\n- (i) the Speaker; and\n- (ii) the chairperson of the parliamentary committee.","sortOrder":133},{"sectionNumber":"sec.79","sectionType":"section","heading":"Oath before performing duties","content":"### sec.79 Oath before performing duties\n\nBefore performing the duties of office, the integrity commissioner must make an oath or affirmation to the effect that he or she will faithfully and impartially perform the duties of the office.\nThe oath must be administered by the Speaker.\n(sec.79-ssec.1) Before performing the duties of office, the integrity commissioner must make an oath or affirmation to the effect that he or she will faithfully and impartially perform the duties of the office.\n(sec.79-ssec.2) The oath must be administered by the Speaker.","sortOrder":134},{"sectionNumber":"sec.80","sectionType":"section","heading":"Declaration of interests","content":"### sec.80 Declaration of interests\n\nThis section applies to the integrity commissioner on appointment.\nAppointment includes reappointment. See the Acts Interpretation Act 1954 , schedule 1 , definition appoint .\nThe integrity commissioner must, within 1 month, give the Speaker a statement setting out the information mentioned in subsection (3) in relation to—\nthe interests of the integrity commissioner; and\nthe interests of each person who is a related person in relation to the integrity commissioner.\nSee section 10 (2) for the meaning of a reference to an interest.\nThe information to be set out in the statement is the information that would be required to be disclosed under the Parliament of Queensland Act 2001 , section 69B if the integrity commissioner were a member of the Legislative Assembly.\nSubsections (5) and (6) apply if, after the giving of the statement—\nthere is a change in the interests mentioned in subsection (2) ; and\nthe change is of a type that would have been required to be disclosed under the Parliament of Queensland Act 2001 , section 69B if the integrity commissioner were a member of the Legislative Assembly.\nThe integrity commissioner must give the Speaker a revised statement.\nThe revised statement must—\nbe given as soon as possible after the relevant facts about the change come to the integrity commissioner’s knowledge; and\ncomply with subsection (3) .\nThe Speaker must, if asked, give a copy of the latest statement to—\nthe Premier; or\nthe leader of a political party represented in the Legislative Assembly; or\nthe Crime and Corruption Commission; or\na member of the parliamentary committee.\nThe Speaker must, if asked, give a copy of the part of the latest statement that relates only to the integrity commissioner to another member of the Legislative Assembly.\nA member of the Legislative Assembly may, by writing given to the Speaker, allege that the integrity commissioner has not complied with the requirements of this section.\ns 80 sub 2010 No. 37 s 60\namd 2013 No. 39 s 110 (1) sch 3 pt 1 ; 2014 No. 21 s 94 (2) sch 2\n(sec.80-ssec.1) This section applies to the integrity commissioner on appointment. Appointment includes reappointment. See the Acts Interpretation Act 1954 , schedule 1 , definition appoint .\n(sec.80-ssec.2) The integrity commissioner must, within 1 month, give the Speaker a statement setting out the information mentioned in subsection (3) in relation to— the interests of the integrity commissioner; and the interests of each person who is a related person in relation to the integrity commissioner. See section 10 (2) for the meaning of a reference to an interest.\n(sec.80-ssec.3) The information to be set out in the statement is the information that would be required to be disclosed under the Parliament of Queensland Act 2001 , section 69B if the integrity commissioner were a member of the Legislative Assembly.\n(sec.80-ssec.4) Subsections (5) and (6) apply if, after the giving of the statement— there is a change in the interests mentioned in subsection (2) ; and the change is of a type that would have been required to be disclosed under the Parliament of Queensland Act 2001 , section 69B if the integrity commissioner were a member of the Legislative Assembly.\n(sec.80-ssec.5) The integrity commissioner must give the Speaker a revised statement.\n(sec.80-ssec.6) The revised statement must— be given as soon as possible after the relevant facts about the change come to the integrity commissioner’s knowledge; and comply with subsection (3) .\n(sec.80-ssec.7) The Speaker must, if asked, give a copy of the latest statement to— the Premier; or the leader of a political party represented in the Legislative Assembly; or the Crime and Corruption Commission; or a member of the parliamentary committee.\n(sec.80-ssec.8) The Speaker must, if asked, give a copy of the part of the latest statement that relates only to the integrity commissioner to another member of the Legislative Assembly.\n(sec.80-ssec.9) A member of the Legislative Assembly may, by writing given to the Speaker, allege that the integrity commissioner has not complied with the requirements of this section.\n- (a) the interests of the integrity commissioner; and\n- (b) the interests of each person who is a related person in relation to the integrity commissioner.\n- (a) there is a change in the interests mentioned in subsection (2) ; and\n- (b) the change is of a type that would have been required to be disclosed under the Parliament of Queensland Act 2001 , section 69B if the integrity commissioner were a member of the Legislative Assembly.\n- (a) be given as soon as possible after the relevant facts about the change come to the integrity commissioner’s knowledge; and\n- (b) comply with subsection (3) .\n- (a) the Premier; or\n- (b) the leader of a political party represented in the Legislative Assembly; or\n- (c) the Crime and Corruption Commission; or\n- (d) a member of the parliamentary committee.","sortOrder":135},{"sectionNumber":"sec.81","sectionType":"section","heading":"Conflicts of interest","content":"### sec.81 Conflicts of interest\n\nIf the integrity commissioner has an interest that conflicts or may conflict with the discharge of the integrity commissioner’s responsibilities, the integrity commissioner—\nmust disclose the nature of the interest and conflict to the Speaker and parliamentary committee as soon as practicable after the relevant facts come to the integrity commissioner’s knowledge; and\nmust not take action or further action concerning a matter that is, or may be, affected by the conflict until the conflict or possible conflict is resolved.\nSee section 10 (2) for the meaning of a reference to an interest or to a conflict of interest.\nIf the conflict or possible conflict between an interest of the integrity commissioner and the integrity commissioner’s responsibilities is resolved, the integrity commissioner must give to the Speaker and parliamentary committee a statement advising of the action the integrity commissioner took to resolve the conflict or possible conflict.\ns 81 sub 2010 No. 37 s 60\n(sec.81-ssec.1) If the integrity commissioner has an interest that conflicts or may conflict with the discharge of the integrity commissioner’s responsibilities, the integrity commissioner— must disclose the nature of the interest and conflict to the Speaker and parliamentary committee as soon as practicable after the relevant facts come to the integrity commissioner’s knowledge; and must not take action or further action concerning a matter that is, or may be, affected by the conflict until the conflict or possible conflict is resolved. See section 10 (2) for the meaning of a reference to an interest or to a conflict of interest.\n(sec.81-ssec.2) If the conflict or possible conflict between an interest of the integrity commissioner and the integrity commissioner’s responsibilities is resolved, the integrity commissioner must give to the Speaker and parliamentary committee a statement advising of the action the integrity commissioner took to resolve the conflict or possible conflict.\n- (a) must disclose the nature of the interest and conflict to the Speaker and parliamentary committee as soon as practicable after the relevant facts come to the integrity commissioner’s knowledge; and\n- (b) must not take action or further action concerning a matter that is, or may be, affected by the conflict until the conflict or possible conflict is resolved.","sortOrder":136},{"sectionNumber":"sec.82","sectionType":"section","heading":"Removal from office","content":"### sec.82 Removal from office\n\nThe following are grounds for removal of the integrity commissioner from office—\nproved incapacity, incompetence or misconduct;\nconviction of an indictable offence.\nThe Governor may, on an address from the Legislative Assembly, remove the integrity commissioner from office.\nThe motion for the address may be moved only by the Minister.\nThe Minister may move the motion only if—\nthe Minister has given the integrity commissioner a statement setting out the reasons for the motion; and\nthe statement and any written response by the integrity commissioner have been tabled in the Legislative Assembly; and\nthe Minister has consulted with the parliamentary committee about the motion; and\nagreement to the motion has been obtained from—\nall members of the parliamentary committee; or\na majority of members of the parliamentary committee, other than a majority consisting entirely of members of the political party or parties in government in the Legislative Assembly.\n(sec.82-ssec.1) The following are grounds for removal of the integrity commissioner from office— proved incapacity, incompetence or misconduct; conviction of an indictable offence.\n(sec.82-ssec.2) The Governor may, on an address from the Legislative Assembly, remove the integrity commissioner from office.\n(sec.82-ssec.3) The motion for the address may be moved only by the Minister.\n(sec.82-ssec.4) The Minister may move the motion only if— the Minister has given the integrity commissioner a statement setting out the reasons for the motion; and the statement and any written response by the integrity commissioner have been tabled in the Legislative Assembly; and the Minister has consulted with the parliamentary committee about the motion; and agreement to the motion has been obtained from— all members of the parliamentary committee; or a majority of members of the parliamentary committee, other than a majority consisting entirely of members of the political party or parties in government in the Legislative Assembly.\n- (a) proved incapacity, incompetence or misconduct;\n- (b) conviction of an indictable offence.\n- (a) the Minister has given the integrity commissioner a statement setting out the reasons for the motion; and\n- (b) the statement and any written response by the integrity commissioner have been tabled in the Legislative Assembly; and\n- (c) the Minister has consulted with the parliamentary committee about the motion; and\n- (d) agreement to the motion has been obtained from— (i) all members of the parliamentary committee; or (ii) a majority of members of the parliamentary committee, other than a majority consisting entirely of members of the political party or parties in government in the Legislative Assembly.\n- (i) all members of the parliamentary committee; or\n- (ii) a majority of members of the parliamentary committee, other than a majority consisting entirely of members of the political party or parties in government in the Legislative Assembly.\n- (i) all members of the parliamentary committee; or\n- (ii) a majority of members of the parliamentary committee, other than a majority consisting entirely of members of the political party or parties in government in the Legislative Assembly.","sortOrder":137},{"sectionNumber":"sec.83","sectionType":"section","heading":"Delegation of powers","content":"### sec.83 Delegation of powers\n\nThe integrity commissioner may delegate the integrity commissioner’s functions under this Act to the deputy integrity commissioner.\nAlso, the integrity commissioner may delegate the integrity commissioner’s functions under chapter 4 to an appropriately qualified public service officer.\nIn this section—\nappropriately qualified , for a public service officer to whom a function may be delegated, includes having the qualifications, experience or standing appropriate for the function.\nthe officer’s classification or level in a department or agency\nfunctions includes powers.\ns 83 amd 2022 No. 33 s 54\n(sec.83-ssec.1) The integrity commissioner may delegate the integrity commissioner’s functions under this Act to the deputy integrity commissioner.\n(sec.83-ssec.2) Also, the integrity commissioner may delegate the integrity commissioner’s functions under chapter 4 to an appropriately qualified public service officer.\n(sec.83-ssec.3) In this section— appropriately qualified , for a public service officer to whom a function may be delegated, includes having the qualifications, experience or standing appropriate for the function. the officer’s classification or level in a department or agency functions includes powers.","sortOrder":138},{"sectionNumber":"sec.84","sectionType":"section","heading":"Acting integrity commissioner","content":"### sec.84 Acting integrity commissioner\n\nThe Governor in Council may appoint a person to act as integrity commissioner—\nduring a vacancy in the office; or\nduring any period, or during all periods, when the integrity commissioner is absent from duty or from the State or, for another reason, can not perform the duties of the office.\nTo remove any doubt, it is declared that the Governor in Council may appoint the deputy integrity commissioner or a former integrity commissioner to act as integrity commissioner under subsection (1) .\ns 84 amd 2022 No. 33 s 55\n(sec.84-ssec.1) The Governor in Council may appoint a person to act as integrity commissioner— during a vacancy in the office; or during any period, or during all periods, when the integrity commissioner is absent from duty or from the State or, for another reason, can not perform the duties of the office.\n(sec.84-ssec.2) To remove any doubt, it is declared that the Governor in Council may appoint the deputy integrity commissioner or a former integrity commissioner to act as integrity commissioner under subsection (1) .\n- (a) during a vacancy in the office; or\n- (b) during any period, or during all periods, when the integrity commissioner is absent from duty or from the State or, for another reason, can not perform the duties of the office.","sortOrder":139},{"sectionNumber":"ch.5-pt.2","sectionType":"part","heading":"Deputy integrity commissioner","content":"# Deputy integrity commissioner","sortOrder":140},{"sectionNumber":"sec.85A","sectionType":"section","heading":"Employment of deputy integrity commissioner","content":"### sec.85A Employment of deputy integrity commissioner\n\nThe integrity commissioner may employ a person to be the deputy integrity commissioner.\nThe deputy integrity commissioner is to be employed under the Public Sector Act 2022 .\ns 85A ins 2022 No. 33 s 57\n(sec.85A-ssec.1) The integrity commissioner may employ a person to be the deputy integrity commissioner.\n(sec.85A-ssec.2) The deputy integrity commissioner is to be employed under the Public Sector Act 2022 .","sortOrder":141},{"sectionNumber":"sec.85B","sectionType":"section","heading":"Declaration of interests","content":"### sec.85B Declaration of interests\n\nSection 80 applies to the deputy integrity commissioner in the same way it applies to the integrity commissioner.\ns 85B ins 2022 No. 33 s 57","sortOrder":142},{"sectionNumber":"ch.5-pt.3","sectionType":"part","heading":"Integrity office","content":"# Integrity office","sortOrder":143},{"sectionNumber":"sec.85BA","sectionType":"section","heading":"Integrity office is a statutory body","content":"### sec.85BA Integrity office is a statutory body\n\nThe integrity office is a statutory body for the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 .\nThe Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the integrity office’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 .\ns 85BA ins 2024 No. 3 s 40\n(sec.85BA-ssec.1) The integrity office is a statutory body for the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 .\n(sec.85BA-ssec.2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the integrity office’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 .","sortOrder":144},{"sectionNumber":"sec.85C","sectionType":"section","heading":"Employment of staff","content":"### sec.85C Employment of staff\n\nThe integrity commissioner may employ the staff the commissioner considers appropriate to perform the commissioner’s functions.\nIntegrity officers are to be employed under the Public Sector Act 2022 .\ns 85C ins 2022 No. 33 s 57\n(sec.85C-ssec.1) The integrity commissioner may employ the staff the commissioner considers appropriate to perform the commissioner’s functions.\n(sec.85C-ssec.2) Integrity officers are to be employed under the Public Sector Act 2022 .","sortOrder":145},{"sectionNumber":"sec.85D","sectionType":"section","heading":"Directives under Public Sector Act 2022","content":"### sec.85D Directives under Public Sector Act 2022\n\nThe industrial relations Minister or the Public Sector Commissioner may make a directive under the Public Sector Act 2022 that applies specifically to the integrity office only with the integrity commissioner’s approval.\nSubsection (1) —\napplies to a directive whether or not the directive also applies to other public sector units; but\ndoes not apply to a directive that applies generally to all public sector units.\nIn this section—\nindustrial relations Minister means the Minister administering the Industrial Relations Act 2016 .\nPublic Sector Commissioner means the Public Sector Commissioner appointed under the Public Sector Act 2022 , section 212 (1) .\ns 85D ins 2022 No. 33 s 57\n(sec.85D-ssec.1) The industrial relations Minister or the Public Sector Commissioner may make a directive under the Public Sector Act 2022 that applies specifically to the integrity office only with the integrity commissioner’s approval.\n(sec.85D-ssec.2) Subsection (1) — applies to a directive whether or not the directive also applies to other public sector units; but does not apply to a directive that applies generally to all public sector units.\n(sec.85D-ssec.3) In this section— industrial relations Minister means the Minister administering the Industrial Relations Act 2016 . Public Sector Commissioner means the Public Sector Commissioner appointed under the Public Sector Act 2022 , section 212 (1) .\n- (a) applies to a directive whether or not the directive also applies to other public sector units; but\n- (b) does not apply to a directive that applies generally to all public sector units.","sortOrder":146},{"sectionNumber":"ch.5-pt.4","sectionType":"part","heading":"Funding proposals","content":"# Funding proposals","sortOrder":147},{"sectionNumber":"sec.85E","sectionType":"section","heading":"Definitions for part","content":"### sec.85E Definitions for part\n\nIn this part—\nadditional funding , for a financial year, means funding from the State for the integrity office in addition to the allocated amount for the financial year.\nallocated amount , for a financial year, means the amount of funding from the State allocated to the integrity office for the financial year.\nfunding proposal means a written request for additional funding for a financial year or 2 or more financial years.\ns 85E ins 2024 No. 3 s 41","sortOrder":148},{"sectionNumber":"sec.85F","sectionType":"section","heading":"Application of part","content":"### sec.85F Application of part\n\nThis part applies if the integrity commissioner decides additional funding is needed for a financial year or 2 or more financial years.\ns 85F ins 2024 No. 3 s 41","sortOrder":149},{"sectionNumber":"sec.85G","sectionType":"section","heading":"Requirement for, and approval of, funding proposal","content":"### sec.85G Requirement for, and approval of, funding proposal\n\nThe integrity commissioner must—\nprepare a funding proposal for the additional funding; and\ngive the funding proposal to the parliamentary committee and a copy of the proposal to the Minister.\nWithin the period stated in subsection (3) , the parliamentary committee must review the integrity commissioner’s funding proposal and give the Minister a report approving 1 of the following—\nthe integrity commissioner’s funding proposal;\na funding proposal for a different amount or a different purpose, or both;\na proposal that provides for no additional funding for the integrity office.\nFor subsection (2) , the period is—\n20 business days after the parliamentary committee receives the integrity commissioner’s funding proposal; or\nif, in the circumstances, the Treasurer decides the approval of a proposal under subsection (2) is required within a shorter period and has notified the parliamentary committee of the shorter period and the reasons for the shorter period—the shorter period.\nThe Treasurer may decide the approval of a proposal under subsection (2) is required within a shorter period so the Minister’s response to the proposal can be considered in the preparation of the State budget.\nThe parliamentary committee must prepare the report under subsection (2) in consultation with the appropriate officers of Queensland Treasury.\nIf the parliamentary committee does not give the Minister a report under subsection (2) within the period stated in subsection (3) , the committee is taken to have approved the integrity commissioner’s funding proposal.\nIn this section—\nQueensland Treasury means the department in which the Financial Accountability Act 2009 is administered.\ns 85G ins 2024 No. 3 s 41\n(sec.85G-ssec.1) The integrity commissioner must— prepare a funding proposal for the additional funding; and give the funding proposal to the parliamentary committee and a copy of the proposal to the Minister.\n(sec.85G-ssec.2) Within the period stated in subsection (3) , the parliamentary committee must review the integrity commissioner’s funding proposal and give the Minister a report approving 1 of the following— the integrity commissioner’s funding proposal; a funding proposal for a different amount or a different purpose, or both; a proposal that provides for no additional funding for the integrity office.\n(sec.85G-ssec.3) For subsection (2) , the period is— 20 business days after the parliamentary committee receives the integrity commissioner’s funding proposal; or if, in the circumstances, the Treasurer decides the approval of a proposal under subsection (2) is required within a shorter period and has notified the parliamentary committee of the shorter period and the reasons for the shorter period—the shorter period. The Treasurer may decide the approval of a proposal under subsection (2) is required within a shorter period so the Minister’s response to the proposal can be considered in the preparation of the State budget.\n(sec.85G-ssec.4) The parliamentary committee must prepare the report under subsection (2) in consultation with the appropriate officers of Queensland Treasury.\n(sec.85G-ssec.5) If the parliamentary committee does not give the Minister a report under subsection (2) within the period stated in subsection (3) , the committee is taken to have approved the integrity commissioner’s funding proposal.\n(sec.85G-ssec.6) In this section— Queensland Treasury means the department in which the Financial Accountability Act 2009 is administered.\n- (a) prepare a funding proposal for the additional funding; and\n- (b) give the funding proposal to the parliamentary committee and a copy of the proposal to the Minister.\n- (a) the integrity commissioner’s funding proposal;\n- (b) a funding proposal for a different amount or a different purpose, or both;\n- (c) a proposal that provides for no additional funding for the integrity office.\n- (a) 20 business days after the parliamentary committee receives the integrity commissioner’s funding proposal; or\n- (b) if, in the circumstances, the Treasurer decides the approval of a proposal under subsection (2) is required within a shorter period and has notified the parliamentary committee of the shorter period and the reasons for the shorter period—the shorter period. Example for paragraph (b) — The Treasurer may decide the approval of a proposal under subsection (2) is required within a shorter period so the Minister’s response to the proposal can be considered in the preparation of the State budget.","sortOrder":150},{"sectionNumber":"sec.85H","sectionType":"section","heading":"Tabling requirement","content":"### sec.85H Tabling requirement\n\nThe Minister must table the following documents in the Legislative Assembly for each proposal approved, or taken to be approved, by the parliamentary committee under this part—\nthe committee’s report about the proposal under section 85G (2) , if any;\na report setting out the Minister’s response to the proposal.\nThe documents must not be tabled in the Legislative Assembly before the Minister’s response to the proposal has been implemented.\nThe parliamentary committee’s report about the proposal under section 85G (2) must not be tabled in the Legislative Assembly other than as provided under subsections (1) and (2) .\nIn this section—\nproposal means—\na funding proposal mentioned in section 85G (2) (a) or (b) ; or\na proposal mentioned in section 85G (2) (c) .\ns 85H ins 2024 No. 3 s 41\n(sec.85H-ssec.1) The Minister must table the following documents in the Legislative Assembly for each proposal approved, or taken to be approved, by the parliamentary committee under this part— the committee’s report about the proposal under section 85G (2) , if any; a report setting out the Minister’s response to the proposal.\n(sec.85H-ssec.2) The documents must not be tabled in the Legislative Assembly before the Minister’s response to the proposal has been implemented.\n(sec.85H-ssec.3) The parliamentary committee’s report about the proposal under section 85G (2) must not be tabled in the Legislative Assembly other than as provided under subsections (1) and (2) .\n(sec.85H-ssec.4) In this section— proposal means— a funding proposal mentioned in section 85G (2) (a) or (b) ; or a proposal mentioned in section 85G (2) (c) .\n- (a) the committee’s report about the proposal under section 85G (2) , if any;\n- (b) a report setting out the Minister’s response to the proposal.\n- (a) a funding proposal mentioned in section 85G (2) (a) or (b) ; or\n- (b) a proposal mentioned in section 85G (2) (c) .","sortOrder":151},{"sectionNumber":"sec.85I","sectionType":"section","heading":"Parliamentary committee may obtain advice or information","content":"### sec.85I Parliamentary committee may obtain advice or information\n\nFor preparing a report under section 85G (2) , the parliamentary committee may obtain advice or other information from any of the following persons—\nthe Treasurer;\nthe Minister;\nthe integrity commissioner;\nan officer of the department.\ns 85I ins 2024 No. 3 s 41\n- (a) the Treasurer;\n- (b) the Minister;\n- (c) the integrity commissioner;\n- (d) an officer of the department.","sortOrder":152},{"sectionNumber":"sec.85J","sectionType":"section","heading":"Confidential information not required to be given","content":"### sec.85J Confidential information not required to be given\n\nNothing in this part requires the integrity commissioner to include in a funding proposal, or the integrity commissioner or any other person to give the parliamentary committee, any details that would, if given—\nprejudice a current ethics or integrity issue being considered by the integrity commissioner; or\ndisclose information that is privileged or subject to a duty to maintain confidentiality under an Act or other law.\ns 85J ins 2024 No. 3 s 41\n- (a) prejudice a current ethics or integrity issue being considered by the integrity commissioner; or\n- (b) disclose information that is privileged or subject to a duty to maintain confidentiality under an Act or other law.","sortOrder":153},{"sectionNumber":"ch.5-pt.5","sectionType":"part","heading":"Reporting","content":"# Reporting","sortOrder":154},{"sectionNumber":"sec.85K","sectionType":"section","heading":"Report about performance of functions","content":"### sec.85K Report about performance of functions\n\nThe integrity commissioner must, as soon as practicable after the end of each financial year, give the Speaker and the parliamentary committee a written report about the performance of the commissioner’s functions for the financial year.\nThe report must include, in relation to the financial year to which it relates, the matters prescribed by regulation.\nThe report must not disclose information likely to identify a specific request for the integrity commissioner’s advice on an ethics or integrity issue, including information likely to identify an individual—\nwho requested the integrity commissioner’s advice; or\nabout whom the integrity commissioner’s advice was requested.\nThe chair of the parliamentary committee must table the report in the Legislative Assembly within 3 sitting days after the committee receives the report.\ns 85K (prev s 85) amd 2010 No. 37 s 61 ; 2020 No. 20 s 66 ; 2022 No. 33 s 56 ; 2024 No. 3 s 39 (1) – (2)\nreloc and renum 2024 No. 3 s 39 (3)\n(sec.85K-ssec.1) The integrity commissioner must, as soon as practicable after the end of each financial year, give the Speaker and the parliamentary committee a written report about the performance of the commissioner’s functions for the financial year.\n(sec.85K-ssec.2) The report must include, in relation to the financial year to which it relates, the matters prescribed by regulation.\n(sec.85K-ssec.3) The report must not disclose information likely to identify a specific request for the integrity commissioner’s advice on an ethics or integrity issue, including information likely to identify an individual— who requested the integrity commissioner’s advice; or about whom the integrity commissioner’s advice was requested.\n(sec.85K-ssec.4) The chair of the parliamentary committee must table the report in the Legislative Assembly within 3 sitting days after the committee receives the report.\n- (a) who requested the integrity commissioner’s advice; or\n- (b) about whom the integrity commissioner’s advice was requested.","sortOrder":155},{"sectionNumber":"sec.85L","sectionType":"section","heading":"Annual report","content":"### sec.85L Annual report\n\nFor the application of the Financial Accountability Act 2009 , section 63 to the integrity office, the appropriate Minister is the Minister administering this section.\nAlso—\ndespite the Financial Accountability Act 2009 , section 63 (1) (b) , the annual report for the integrity office must be given to the parliamentary committee, the Speaker, the appropriate Minister and the Treasurer in the way and within the time mentioned in that section; and\ndespite the Financial Accountability Act 2009 , section 63 (2) , the chair of the parliamentary committee must table the annual report in the Legislative Assembly within the time mentioned in that section.\nThis section does not limit any other provision of this Act under which the integrity commissioner may or must make a report.\ns 85L ins 2024 No. 3 s 41\n(sec.85L-ssec.1) For the application of the Financial Accountability Act 2009 , section 63 to the integrity office, the appropriate Minister is the Minister administering this section.\n(sec.85L-ssec.2) Also— despite the Financial Accountability Act 2009 , section 63 (1) (b) , the annual report for the integrity office must be given to the parliamentary committee, the Speaker, the appropriate Minister and the Treasurer in the way and within the time mentioned in that section; and despite the Financial Accountability Act 2009 , section 63 (2) , the chair of the parliamentary committee must table the annual report in the Legislative Assembly within the time mentioned in that section.\n(sec.85L-ssec.3) This section does not limit any other provision of this Act under which the integrity commissioner may or must make a report.\n- (a) despite the Financial Accountability Act 2009 , section 63 (1) (b) , the annual report for the integrity office must be given to the parliamentary committee, the Speaker, the appropriate Minister and the Treasurer in the way and within the time mentioned in that section; and\n- (b) despite the Financial Accountability Act 2009 , section 63 (2) , the chair of the parliamentary committee must table the annual report in the Legislative Assembly within the time mentioned in that section.","sortOrder":156}],"analysis":{"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act began with a core focus on providing ethics and integrity advice to senior public officials through an Integrity Commissioner. Over time, through multiple amendments (2010, 2012, 2019, 2020, 2022, 2024), its scope significantly expanded to include: criminal liability for Ministers who dishonestly conceal conflicts of interest; a comprehensive lobbying registration and regulation scheme with anti-dual-hatting disqualification rules; obligations on statutory office holders to declare interests; coverage of ministerial advisors (not just designated persons); post-separation obligation advice for former officials; and Assistant Ministers and chiefs of staff as new categories. What started as an advisory and transparency mechanism has grown into a multi-limbed integrity enforcement framework."},"complexity_factors":["Multiple overlapping categories of covered persons (designated persons, ministerial advisors, former designated persons, former ministerial advisors), each with different rights and obligations","Intricate disclosure regime with different rules depending on who is disclosing, to whom, and under what circumstances (Premier, Minister, Opposition Leader, chief executives each have separate sections)","Post-separation obligation rules with time-limited windows (2 years) and cross-references to other sections (s.62) not included in the excerpt","Criminal offence provisions with dual-track prosecution procedures (summary or indictment), requiring DPP consent, with special magistrate jurisdiction rules","Lobbying regulation framework with nuanced definitions distinguishing lobbying activities from exempt activities, with multiple carve-outs and examples","Anti-dual-hatting disqualification rules tied to inter-election periods, with different disqualification lengths depending on whether the lobbyist's party wins government","Heavy cross-referencing to other Queensland legislation (Public Sector Act 2022, Public Sector Ethics Act 1994, Parliament of Queensland Act 2001, Electoral Act 1992, Acts Interpretation Act 1954, Justices Act 1886, Criminal Code, Planning Act 2016)","Multiple amendments over 15+ years creating layered, renumbered provisions (e.g., section renumbering, omitted sections, relocated provisions) making the structure harder to follow","Tension between confidentiality protections (s.24) and mandatory disclosure obligations (ss.29, 32, 33, 38, 39) requiring careful navigation","Broad definitional framework for key concepts (ethics/integrity issue, conflict of interest, government representative, lobbying activity) with ordinary-law meaning qualifications that exclude standard statutory definitions"],"plain_english_summary":"## Queensland Integrity Act 2009 — What It Does and Who It Affects\n\nThis is a **Queensland Government law** that sets up rules and an independent official — the **Integrity Commissioner** — to help senior government figures navigate ethical dilemmas, and to regulate professional lobbyists.\n\n---\n\n### Part 1: Ethics Advice for Government Officials\n\n**Who is covered?**\nA wide group of senior public figures called **\"designated persons\"** — including:\n- Members of Parliament (MPs)\n- Government Ministers and their senior staff (chiefs of staff)\n- Heads of government departments\n- Senior executives in public agencies\n- Certain people nominated by the Premier\n\n**What can they do?**\nDesignated persons can ask the Integrity Commissioner — in writing — for **confidential advice** on ethics or conflicts of interest. A **conflict of interest** means a clash between someone's personal interests (e.g., owning shares in a company) and their official duties.\n\n**What about former officials?**\nPeople who have *left* these roles can still seek advice for up to **2 years after leaving**, but only about ongoing obligations — such as rules about who they can contact after leaving government (called **post-separation obligations**).\n\n**What about MPs specifically?**\nMPs can request a **meeting** (rather than just written advice) with the Integrity Commissioner about their personal financial interests, including what they must declare in the official register of MPs' interests.\n\n**Is it confidential?**\nYes — strongly. It is a **criminal offence** (up to 1 year in jail or an 85-unit fine, roughly $13,000+) to leak information shared with the Integrity Commissioner. However, the Commissioner *can* share information with the Premier, relevant Ministers, or the Leader of the Opposition in specific circumstances — especially if there is a serious, unresolved conflict of interest.\n\n**What protection do you get if you follow the advice?**\nIf a designated person fully discloses their situation, gets advice, and acts on it in good faith, they **cannot be sued** (in civil courts) or penalised through internal government processes for the steps they took to resolve the conflict.\n\n---\n\n### Part 2: Ministers Must Disclose Conflicts\n\nMinisters (cabinet members) have a **legal duty** to disclose to Cabinet (the group of senior Ministers) any personal interest that conflicts — or might conflict — with their government duties. Failing to do so **dishonestly** (to gain a benefit or harm someone) is a criminal offence carrying up to **2 years in jail or a $31,000+ fine**. Prosecutions require approval from the Director of Public Prosecutions.\n\n---\n\n### Part 3: Statutory Office Holders (e.g., heads of government bodies)\n\nCertain appointed officials (like heads of government boards and commissions) must:\n- **Declare their personal interests** to their responsible Minister within 1 month of appointment\n- **Update** that declaration whenever relevant interests change\n- **Disclose and step back** from any matter where their personal interests may conflict with their duties, unless the Minister says otherwise\n\n---\n\n### Part 4: Lobbying Regulation\n\n**What is lobbying?**\nPaying someone to communicate with government officials or Opposition representatives to try to influence government decisions — about laws, policies, contracts, grants, planning approvals, and similar matters.\n\n**What is NOT lobbying under this law?**\nMany everyday activities are excluded, such as:\n- Responding to a call for tenders or submissions\n- Grassroots community campaigning\n- Legal, accounting, or engineering professionals communicating as part of normal professional services\n- Talking to your local MP about a local issue\n- Attending a public forum\n\n**Who must register as a lobbyist?**\nAny **business or individual paid by a third party** to lobby the government must be registered on the public **lobbying register**. Failing to register carries a penalty of up to **$31,000+**.\n\n**Who is exempt?**\n- Charities, clubs, and non-profit groups (lobbying for their own interests)\n- Trade unions and professional associations (lobbying for their members)\n- Trade delegations visiting Queensland\n\n**\"Dual hatting\" ban:**\nA registered lobbyist who also plays a **senior role** in a political party's election campaign is **disqualified** from being a lobbyist — for the duration of the election campaign and, if their party wins government, until the *next* election. This stops people from using political campaign involvement as a backdoor to gain lobbying advantage."},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"sec.9","severity":"medium","reasoning":"A definition must provide meaning beyond the words being defined. Defining an 'ethics or integrity issue' as 'an issue concerning ethics or integrity' is logically vacuous - it tells the reader nothing they did not already know from reading the term itself. While the inclusion of 'conflict of interest issue' adds some content, the core definition is entirely circular.","confidence":0.92,"description":"The definition of 'ethics or integrity issue' is entirely circular: it is defined as 'an issue concerning ethics or integrity.' The definition provides no substantive content beyond restating the term being defined."},{"type":"self_contradicting","section":"sec.12A","severity":"medium","reasoning":"Section 12A(1)(a) defines a ministerial advisor as a ministerial staff member who gives advice to a Minister. Section 12A(2) excludes designated persons. Section 12(1)(f) makes a chief of staff a designated person. A chief of staff gives advice to a Minister as their core function, yet they are excluded from being a 'ministerial advisor' by operation of s.12A(2). This creates a gap where the chief of staff is regulated differently than other ministerial staff who give advice, which may be intentional, but creates interpretive confusion in provisions that apply differently to designated persons versus ministerial advisors.","confidence":0.78,"description":"The definition of 'ministerial advisor' excludes designated persons, but a chief of staff (s.12(1)(f)) is explicitly a designated person AND is also a ministerial staff member who gives advice to a Minister. This exclusion could produce absurd results where a chief of staff falls into neither category for certain purposes."},{"type":"impossible_compliance","section":"sec.20D-ssec.1A","severity":"high","reasoning":"The post-separation obligation definition in s.20D(2)(a)(i) requires the obligation to 'apply to the person because the person was, but is no longer, a ministerial advisor.' Section 20D(1A) purports to allow current ministerial advisors to seek advice about post-separation obligations they 'may' face. However, the definition of post-separation obligation is contingent on the person having already left the role. A current adviser cannot hold a post-separation obligation as defined. The 'may arise' language in s.20D(1A) attempts to bridge this gap but creates a logical impossibility: you cannot seek advice on obligations that arise from a status (former advisor) you have not yet acquired, under a definition that only activates upon departure.","confidence":0.85,"description":"Section 20D(1A) allows a current ministerial adviser to seek advice about an ethics or integrity issue 'that may arise from a post-separation obligation' - but a post-separation obligation is defined in s.20D(2)(a) as one that 'applies to the person because the person was, but is no longer, a ministerial advisor.' A current ministerial advisor cannot simultaneously be a person who 'is no longer' a ministerial advisor, making this provision logically impossible to satisfy as drafted."},{"type":"circular_definition","section":"sec.21-ssec.4","severity":"low","reasoning":"The exception in s.21(4)(a)(ii) allows refusal where advice would not be 'in keeping with the purpose of this Act.' The Act's purpose is to promote integrity and ethics. Refusing to give ethics advice because doing so would not promote the purpose of giving ethics advice creates a logically circular exception. This grants the commissioner near-unlimited discretion to refuse mandatory advice based on a vague, self-referential standard.","confidence":0.65,"description":"The integrity commissioner may refuse to give advice (which is mandatory under s.21(1)) on the ground that giving the advice 'would not be in keeping with the purpose of this Act' - but the Act does not define its purpose in this chapter, meaning the refusal ground is itself undefined and potentially circular."},{"type":"self_contradicting","section":"sec.29-ssec.1 and sec.29-ssec.2","severity":"low","reasoning":"The word 'must' in s.29(1) implies an immediate obligation. However, s.29(2) creates a precondition: the commissioner must first notify the designated person and wait 5 business days. The mandatory obligation in s.29(1)(b) is therefore not immediately operative - it only crystallises after the s.29(2) process. The structural use of 'must' followed by limiting subsections creates a misleading impression of immediacy. This is a drafting inconsistency rather than an outright impossibility but creates genuine interpretive difficulty.","confidence":0.7,"description":"Section 29(1) says the integrity commissioner 'must' give documents to the Premier in certain circumstances, but s.29(2) makes that obligation conditional on a further 5-business-day process. The word 'must' in s.29(1)(b) therefore does not create an immediate obligation - it creates a contingent, deferred obligation, making the mandatory language misleading."},{"type":"impossible_compliance","section":"sec.40A-ssec.2","severity":"medium","reasoning":"Integrity legislation typically aims to ensure proactive disclosure regardless of intent. By requiring proof of a specific 'dishonest' intent to benefit or cause detriment, s.40A effectively immunises careless, reckless, or even wilfully blind Ministers from criminal liability. A Minister who conceals a conflict to protect themselves but cannot be proven to have specifically intended to obtain a 'benefit' or cause a 'detriment' as defined would escape liability. This makes the section largely unenforceable in practice and inconsistent with the broader integrity purposes of the Act.","confidence":0.8,"description":"The conflicts of interest offence for Ministers only criminalises non-disclosure where there is 'intent to dishonestly obtain a benefit or cause a detriment.' This mens rea requirement means a Minister who negligently or recklessly fails to disclose a massive conflict of interest commits no offence under this section, creating a near-impossibly high bar for prosecution of integrity legislation."},{"type":"self_contradicting","section":"sec.40C","severity":"high","reasoning":"The entire advisory framework in ch.3 is premised on confidential disclosure to enable frank advice. Section 24 imposes criminal penalties for unauthorised disclosure of this information. Section 40C then carves out an exception allowing that same information to be used for criminal prosecution. A person who voluntarily seeks ethics advice, discloses a conflict, and receives guidance may find that disclosure used against them. This directly contradicts the legislative intent to encourage voluntary ethics consultations and creates a structural disincentive to use the advisory scheme - the opposite of the Act's purpose.","confidence":0.88,"description":"Section 40C permits information given to the integrity commissioner in confidence (and protected by the strict secrecy provision in s.24) to be used for prosecution of offences under s.40A. This creates a chilling effect that fundamentally undermines the voluntary disclosure framework: a designated person who honestly seeks ethics advice may inadvertently provide evidence for their own criminal prosecution."},{"type":"other","section":"sec.49-ssec.4 and sec.49-ssec.5","severity":"medium","reasoning":"While there is a policy rationale (preventing revolving-door influence peddling with the party in power), the practical effect is that a lobbyist who correctly predicts the election winner faces a far longer disqualification (potentially 3-4 years) than one who backs the loser (disqualified only for the remaining days of the campaign). This creates perverse incentives: lobbyists are better off backing the losing party if they want to return to lobbying quickly. The asymmetry also means the duration of punishment is entirely contingent on an event (which party wins) that occurs after the disqualifying conduct.","confidence":0.75,"description":"The disqualification periods for lobbyists who perform substantial roles in election campaigns are asymmetric in a potentially absurd way: a lobbyist who backs the losing party is disqualified only until the election ends, but one who backs the winning party is disqualified until the NEXT general election. This creates an incentive structure where supporting the winning party is more severely punished than supporting the losing party."}],"contradictions":[{"severity":"medium","section_a":"sec.15-ssec.1","section_b":"sec.15-ssec.6","confidence":0.8,"description":"Section 15(1) allows a designated person to request advice on an ethics or integrity issue 'involving the person.' Section 15(6) declares that advice must not be requested 'by or about a person who has been, but is not presently, a designated person.' However, s.15(2) then explicitly permits former designated persons and former ministerial advisors to request advice under ss.16-20D. The general prohibition in s.15(6) directly contradicts the specific permissions in s.15(2)."},{"severity":"low","section_a":"sec.21-ssec.1","section_b":"sec.21-ssec.2","confidence":0.85,"description":"Section 21(1) imposes a mandatory obligation on the integrity commissioner to 'give the advisee advice on the issue.' Section 21(2) requires the advice to be given 'in writing.' However, section 23(2) (the parallel provision for members of the Legislative Assembly) allows advice to be given 'orally or in writing.' There is no principled basis for this inconsistency - designated persons are entitled to the same quality of engagement as members of the Legislative Assembly, yet members get the flexibility of oral advice while designated persons do not."},{"severity":"high","section_a":"sec.24-ssec.1","section_b":"sec.40C-ssec.2","confidence":0.9,"description":"Section 24(1) creates a criminal offence for recording, using or disclosing information about an ethics or integrity issue obtained through administration of the chapter. Section 40C(2) expressly authorises the recording, use and disclosure of the same information for criminal prosecution purposes, and s.40C(3) states this applies 'despite section 24.' While s.40C(3) provides an override, the structural contradiction between a criminal secrecy obligation and a prosecutorial disclosure authorisation for the same class of information creates a fundamental tension in the legislative scheme that may undermine the advisory framework."},{"severity":"medium","section_a":"sec.30","section_b":"sec.20B","confidence":0.72,"description":"Section 30 requires the integrity commissioner to give a Minister copies of relevant documents about designated persons 'other than... a ministerial advisor who gives advice to the Minister.' Section 20B allows a Minister to request advice about a ministerial advisor. The exclusion in s.30 means a Minister who requests and receives advice about a ministerial advisor under s.20B cannot then obtain the relevant documents relating to that same person under s.30 - the section that governs disclosure to Ministers. This creates a gap where advice is given but the requesting Minister cannot receive the related documents through the s.30 mechanism."},{"severity":"low","section_a":"sec.12-ssec.2A","section_b":"sec.12-ssec.2","confidence":0.68,"description":"Section 12(2) requires nominations under s.12(1)(e) or (fa) to be by signed notice to the integrity commissioner. Section 12(2A) states that a nomination under s.12(1)(fa) ends 28 days after it starts. However, there is no provision requiring the integrity commissioner to be notified when a s.12(1)(fa) nomination expires, meaning the commissioner may continue to act on an expired nomination without knowing it has lapsed. The notification requirement at commencement is not matched by a notification requirement at termination."},{"severity":"high","section_a":"sec.40F-ssec.1","section_b":"sec.40A-ssec.2","confidence":0.88,"description":"Section 40F imposes an unconditional duty on statutory office holders to disclose conflicts of interest 'as soon as practicable' with no intent element required. Section 40A imposes a duty on Ministers to disclose conflicts only where there is specific dishonest intent to obtain a benefit or cause detriment. This creates an inconsistency where statutory office holders (who are subordinate to Ministers) face stricter disclosure obligations than the Ministers who supervise them - a lower-ranked official faces absolute liability while a higher-ranked official enjoys a high mens rea threshold."}]},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The text as presented includes multiple insertions and amendments that expand and refine the Act’s scope compared with earlier formulations. Notable scope expansions in the supplied text include: express coverage of ministerial advisors as a defined category distinct from designated persons (sec.12A, inserted 2022); specific post-separation advice rights for former designated persons and former ministerial advisors within 2 years after separation (secs.20A, 20D, ins. 2019/2022); a substantially revised and expanded lobbying regulatory regime (chap.4 provisions, including new compliance, enforcement and register duties and new offences and procedural tools added or flagged as 2024 insertions — secs.42–47, 50–53, 65–66, 66D–66N); and strengthened institutional rules on appointment, funding proposals and reporting for the Integrity Commissioner and Integrity Office (secs.73–76, 85E–85K, many provisions marked as ins. 2024 No. 3). These changes move the Act from a primarily advice-and-confidentiality framework toward a more elaborate regulatory and enforcement structure for lobbying and clearer governance arrangements for the Integrity Office (see secs.55–57, 66F–66H, 85G–85K)."},"complexity_factors":["Multiple overlapping categories of regulated persons (designated persons, ministerial advisors, members, former representatives) with different rights and time limits (secs.12, 12A, 20A, 20D, 59–61, 62).","Detailed confidentiality regime that creates both strong secrecy rules and multiple, conditional disclosure gateways to senior office-holders and agencies (secs.24, 25, 26–33, 38–39).","Layered lobbying regime with registration, exemptions, application verification, recurrent reporting, mandatory training, and a public register (secs.46–53, 56, 65–66, 66L–66M).","Significant administrative discretion vested in the Integrity Commissioner (codes, directives, conditions, compliance notices, investigatory powers) that affects regulated parties’ obligations (secs.55–57, 66D, 66F–66G, 66H).","Cross-cutting criminal and civil protections and penalties (ministerial offence with prosecutorial controls, secrecy penalties, prohibitions on unregistered lobbying and success fees) that interact with advice and disclosure rules (secs.24, 40–40C, 40A–40B, 66O–66P).","Procedural timeframes and cure periods (notice and 5-business-day cure before some disclosures; 14-day show cause; 10-day effect of decisions; election-period timing for disqualification) that create timing complexity (secs.29(2), 33(3), 38(2), 39(2), 66I–66J, 49, 66N).","Interplay with other legislation and external actors (Public Sector Act, Parliament rules, Director of Public Prosecutions, Queensland Treasury) requiring cross-reference and coordination (secs.21(3) references to codes, sec.40B referencing DPP, secs.85G–85I on funding).","Recent amendments and additions across different years (text shows multiple insertions/amendments), increasing interpretive load about which rules apply in which contexts (amendment notes throughout)."],"plain_english_summary":"# What this law does, who it affects, and how it works\n\nThis part of the Integrity Act sets out two linked systems: (1) an integrity-advice and confidentiality regime run by an independent Integrity Commissioner for public office-holders and related persons; and (2) a state-level lobbying regulation regime that creates registration, reporting and conduct obligations for professional lobbyists.\n\nKey mechanical changes and processes (how it works)\n\n- Advice for designated persons: Certain public office-holders and related persons (\"designated persons\") may ask the Integrity Commissioner for written advice about ethics or integrity issues (sec.12 defines who is a designated person; sec.15 allows requests; sec.21 requires written advice). Members of the Legislative Assembly receive advice through meetings rather than the same written request process (secs.14, 22–23).\n\n- Scope of advice and who may request it: The Premier, Ministers, Leader of the Opposition, and chief executives have specific powers to ask for advice about particular categories of people (secs.16–20). Former designated persons and former ministerial advisors may request advice about post‑separation obligations for up to 2 years after leaving (secs.20A, 20D).\n\n- Confidentiality, disclosure and limits: Information provided in advice requests is generally secret (sec.24) and persons involved in administering the chapter are not compellable to disclose it (sec.24(3)). However, that information is a defined set of \"relevant documents\" (sec.25) and the Integrity Commissioner may disclose those documents to particular office-holders in defined circumstances (for example, to the Premier, Ministers, Leader of the Opposition or relevant chief executives) (secs.26–33, 38, 39). The Commissioner must notify the subject and give a short cure period before disclosing where disclosure is triggered by a belief an issue is \"actual or perceived, and significant\" (secs.29(2), 32(2), 33(3), 38(2), 39(2)).\n\n- Legal protection for acting on advice: A designated person who asks for advice on a conflict of interest, discloses all relevant information, and acts substantially in accordance with the Commissioner’s advice is shielded from civil or administrative liability for that act (sec.40). This protection does not apply to conduct before the advice was given (sec.40(3)).\n\n- Criminal rules for Ministers: A Minister who has an interest that conflicts or may conflict with duties must not, with dishonest intent to obtain benefit or cause detriment, fail to disclose the interest to the appropriate decision-making body (e.g. Cabinet) (sec.40A). That offence carries up to 200 penalty units or 2 years imprisonment; prosecutions require the Director of Public Prosecutions' written consent and follow specified procedural rules (sec.40B). Information given to the Commissioner for advice may be used in investigating or prosecuting that offence (sec.40C).\n\n- Lobbying regulation: The Act defines \"lobbying activity\" as communications to influence government or Opposition decision-making (sec.42) and lists exclusions where communications are not treated as lobbying (sec.43). A person or entity acting as a lobbyist for third-party clients must be registered (sec.46); particular non-profit and representative organisations are exempt from registration for activities that represent their own members or purposes (sec.47).\n\n- Registration and ongoing obligations for lobbyists: Applications must be in an approved form and can require criminal-history and other disclosures (sec.50). The Integrity Commissioner decides applications and may refuse where applicants are disqualified, have given false information, or have prior non-compliance (sec.51). Registration can carry conditions such as mandatory approved training (secs.53–56). Registered lobbyists must keep particulars current and file annual confirmations; individuals who intend to take a substantial political role must notify the Commissioner (secs.65, 66, 66A; see also sec.49 on disqualification for \"dual hatting\").\n\n- Compliance, powers and sanctions: The Commissioner has investigatory tools (can require information, sec.66D), may issue compliance notices (secs.66F–66G), and may impose conditions, suspend (up to 12 months), or cancel registration (secs.66H–66K). The register must be maintained and published online (secs.66L–66N). There are criminal penalties for unregistered persons carrying on lobbying business or for holding out as a registered lobbyist (sec.66O) and a separate offence banning contingent \"success fees\" for lobbying (sec.66P).\n\n- Institutional arrangements: The Integrity Commissioner is an independent statutory officer appointed by the Governor in Council under this Act (secs.73–76). Appointment, review, reporting, funding and resourcing rules are set out, including requirements for advertising, parliamentary committee involvement in appointment and in funding proposals, disclosure of the Commissioner’s interests, and annual reporting (secs.74, 75–76, 80, 85G–85K).\n\nWhy the law says it does this (official purpose) and what the mechanics imply\n\n- The text frames the registered lobbyists code and training as designed to ensure transparency and integrity in communications between lobbyists and representatives (sec.55). It frames the advice functions as a way to identify, resolve and, where necessary, disclose serious ethics or integrity matters.\n\n- Mechanically, the Act centralises two kinds of formal control: (a) a confidential advisory channel with narrowly defined disclosure gateways to senior office-holders (secs.15, 21, 26–33), and (b) a licensing-and-compliance model for third‑party lobbying with registration, reporting, training and sanctioning powers (chs.4 pt.2–pt.10). Both systems give the Integrity Commissioner discretion to make directives, set conditions, require information and publish codes (secs.55–57, 66D).\n\nCosts, incentives, trade-offs and practical effects (what changes for people and organisations)\n\n- Who pays: Public funding and resourcing for the Integrity Office comes from the State; the Commissioner prepares funding proposals that must be reviewed by a parliamentary committee and provided to the Minister (secs.85E–85G). Registered lobbyists bear compliance costs: application requirements, possible criminal-history disclosures, mandatory training, record-keeping, notices of changes and annual confirmations (secs.50, 53, 56, 65–66). Former representatives face a practical restriction on certain lobbying work for 2 years after leaving office (sec.62).\n\n- Who decides: The Integrity Commissioner decides whether to give advice and may refuse for lack of information (sec.21). The Commissioner approves registrations, imposes conditions, issues directives, issues compliance notices and can suspend or cancel registration (secs.51, 53, 55–57, 66F, 66H). The Premier, Ministers and other specified office-holders have statutory rights to request advice and to receive relevant documents in specified circumstances (secs.16–20, 29–33). The Governor in Council appoints the Commissioner (sec.73) and the parliamentary committee has an oversight role in appointment, remuneration and some funding processes (secs.74, 76, 85G).\n\n- Behaviour changes the law creates:\n  - Designated persons can reduce legal risk by seeking and following the Commissioner’s advice (sec.40 gives limited immunity for acting substantially in accordance with advice on conflicts).\n  - Ministers face a criminal test focused on dishonest failure to disclose conflicts in specified forums (sec.40A). That links disclosure obligations to disciplinary and criminal consequences only where dishonest intent is proved (secs.40A–40B).\n  - Professional lobbyists must register, maintain records, undergo training, report annual confirmations and notify intent to take significant political roles; failing those obligations creates regulatory and criminal exposure (secs.46, 50–53, 65–66, 66A, 66O, 66P).\n  - Former representatives are limited in representing third-party clients on matters they handled recently (sec.62), which narrows some contracting and contracting-for-hire options immediately post-employment.\n\n- Compliance burden and discretion:\n  - The lobbying regime imposes recurring administrative burdens on registered lobbyists (forms, training, notices, annual returns) (secs.50, 53, 65–66). The Commissioner has discretion to set conditions, directives and to require documents or statutory declarations (secs.53, 57, 52, 66D, 66E), which raises administrative variability depending on how the Commissioner exercises those powers.\n\n- Enforcement and procedural trade-offs:\n  - The Act balances confidentiality for advice-seekers (sec.24) with specific disclosure routes to senior office-holders and with an express exception permitting use of information for investigating or prosecuting the Ministerial offence (secs.29–33, 40C). That means advice-seekers get a general confidentiality shield, but certain serious matters can be escalated and the Commissioner has judgement about when an issue is \"actual or perceived, and significant\" (secs.29(1)(b), 32(1)(b), 33(1)(b), 38(1)(b), 39(1)(b)).\n\n- Effects on private enterprise, competition and speech:\n  - The registration requirement only applies to persons lobbying for third-party clients (sec.46). Representative non-profits and organisations acting for their own members are carved out (sec.47). The rule banning contingent \"success fees\" (sec.66P) changes fee structures for lobbying businesses and removes the option to contract on contingent outcomes for lobbying work.\n  - The Act restricts former office-holders’ ability to monetise recent official dealings for two years (sec.62), which changes market opportunities for firms seeking to hire former representatives for advocacy.\n\nImplementation risks and practical points to watch\n\n- Concentration of information power: The Premier and Ministers can both request advice about many categories of persons and can receive relevant documents in defined circumstances (secs.16, 29–30). That legally centralises some information flows to executive office-holders and depends on the Commissioner’s judgments and the five-business-day cure window (secs.29(2), 32(2), 33(3), 38(2), 39(2)).\n\n- Administrative discretion vs. predictability: The Commissioner’s powers to make directives, impose conditions, require documents and decide suitability for registration create flexibility (secs.55–57, 51, 52, 66D). That flexibility improves enforcement options but increases compliance uncertainty for regulated parties unless the Commissioner publishes clear guidance and consistent practice.\n\n- Overlap of confidentiality and prosecution: Secrecy protections (sec.24) are explicitly overridden for use in investigating and prosecuting the ministerial offence (sec.40C). Advice-seekers should be aware that information given in confidence can be used in those narrow circumstances.\n\n- Election-period/advice conflicts: The Act disqualifies some individuals from registration where they take substantial campaign roles (sec.49) and requires notice when registered individuals intend to take such roles (sec.66A). The timing rules (inter-election periods, removal from register) create operational steps that lobby firms and individuals must watch around election cycles (secs.49, 66A, 66N).\n\nBottom line (who acts differently and why)\n\n- Designated persons have a formal channel to get written (or oral, in the case of members’ interests advice) ethical guidance and can gain targeted liability protection if they follow conflict advice (secs.15, 21, 22–23, 40).\n- Ministers face a criminal duty to disclose conflicts where there is dishonest intent to obtain benefit or cause detriment; information used in advice processes can be used to prosecute that offence (secs.40A–40C).\n- Professional lobbyists must register, train, report and keep a public register entry; they face administrative notices, compliance processes and potential suspension or cancellation (secs.46, 50–53, 56, 65–66, 66D–66N).\n- The Commissioner holds operational discretion to define codes, directives and conditions and to disclose relevant documents to specified office-holders in defined circumstances; the Act builds processes for appointment, funding and reporting of the Commissioner to the parliamentary committee and Governor in Council (secs.55–57, 73–76, 85G–85K)."},"kimi_summary":{"_metrics":{"completionTokens":973},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2009 scope. Major additions include: Chapter 3A (2020) creating criminal offences for Ministers' undisclosed conflicts; the 'dual hatting' prohibition for lobbyists (2010, expanded 2024); Assistant Minister provisions (2022); ministerial advisor framework (2022); and the comprehensive 2024 rewrite of Chapter 4 which restructured lobbying registration, added new offences (success fees, false representation), and created detailed compliance and sanctions procedures. The original Act focused primarily on ethics advice; it now encompasses substantial criminal law, employment law, and administrative law elements."},"complexity_factors":["Multiple overlapping definitions of 'designated person', 'ministerial advisor', 'former representative', and 'lobbying activity' with nested exceptions","Extensive cross-referencing between chapters (e.g., s.10 definitions applied throughout, s.62 post-separation obligations referenced in multiple contexts)","Conditional disclosure rules with multiple triggers (request-based vs. belief-based vs. mandatory) and 5-day cure periods","Dual regimes for ethics advice (Chapter 3 Part 2 for designated persons vs Part 3 for MPs' interests issues) with different confidentiality and disclosure rules","Lobbying registration scheme with 12 separate grounds for sanctions, show-cause procedures, and suspension extension mechanisms","Criminal offence provisions with special procedural requirements (DPP consent, summary vs indictment election, exceptional circumstances tests)","Multiple amendment notes showing substantial legislative evolution (2010, 2012, 2013, 2019, 2020, 2022, 2024) creating layered text","Funding approval process involving Treasurer, parliamentary committee, and Queensland Treasury with variable timeframes"],"plain_english_summary":"This is the **Integrity Act 2009** (Queensland), a comprehensive law that establishes an integrity framework for public officials and regulates lobbying in Queensland.\n\n**What it does:**\n\nThe Act creates three main systems:\n\n1. **Ethics and Integrity Advice System** (Chapters 3 & 3A)\n   - Establishes an **Integrity Commissioner** who provides confidential advice to \"designated persons\" (senior public officials including MPs, Ministers, statutory office holders, chief executives, and senior executives) about ethics and integrity issues, particularly **conflicts of interest**.\n   - Designated persons can request advice, and certain senior figures (Premier, Ministers, Leader of Opposition) can request advice about others.\n   - **Protection**: People who follow the Integrity Commissioner's advice on conflict of interest issues receive limited immunity from civil liability.\n   - **Confidentiality**: Strict secrecy provisions apply, with criminal penalties for unauthorised disclosure.\n   - **Ministers and statutory office holders** have specific criminal offences for failing to disclose conflicts of interest, with penalties up to 2 years imprisonment.\n\n2. **Lobbying Regulation** (Chapter 4)\n   - Creates a **registration system** for lobbyists who communicate with government or Opposition representatives to influence decisions.\n   - **Prohibits** unregistered persons from carrying out lobbying activities for third-party clients (200 penalty units fine).\n   - **\"Dual hatting\" ban**: Registered lobbyists cannot perform substantial roles in election campaigns.\n   - **Cooling-off period**: Former senior government and Opposition representatives cannot lobby on matters they dealt with in their last 2 years in office for 2 years after leaving.\n   - **Success fees prohibited**: Payments contingent on lobbying outcomes are banned.\n   - **Public register**: All registered lobbyists and their clients must be published online.\n   - **Code of conduct** and training requirements for lobbyists.\n\n3. **Integrity Office Governance** (Chapter 5)\n   - Establishes the Integrity Commissioner as an independent statutory officer, appointed by Governor in Council with parliamentary committee oversight.\n   - 5-year terms, maximum 10 years continuous service.\n   - **Funding transparency**: Special process for additional funding requests, requiring parliamentary committee approval and public tabling.\n   - Annual reporting requirements.\n\n**Who it affects:**\n- MPs and Ministers\n- Senior public servants and statutory office holders  \n- Lobbyists and their clients\n- Ministerial advisors and staff\n- Anyone seeking to influence government decisions\n\n**Why it matters:**\nThis is Queensland's primary anti-corruption and transparency legislation, designed to prevent conflicts of interest, ensure ethical conduct in public office, and make lobbying transparent. It was significantly expanded in 2024 to strengthen lobbying rules and add new offences for Ministers."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/integrity-act-2009","history":"/api/acts/integrity-act-2009/history","analysis":"/api/acts/integrity-act-2009/analysis","conflicts":"/api/acts/integrity-act-2009/conflicts","importantCases":"/api/acts/integrity-act-2009/important-cases","documents":"/api/acts/integrity-act-2009/documents"}}