{"id":"nsw:act-2011-005","name":"Lobbying of Government Officials Act 2011","slug":"lobbying-of-government-officials-act-2011","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"5 of 2011","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174801,"registerId":"nsw-nsw:act-2011-005-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Lobbying of Government Officials Act 2011](/view/html/inforce/current/act-2011-005).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"2A","sectionType":"section","heading":"Objects of Act","content":"#### 2A Objects of Act\n\n2A Objects of Act\n\n> The objects of this Act are to promote transparency, integrity and honesty by:\n> \n> > (a) ensuring that lobbyists comply with ethical standards of conduct and other requirements set out in the Lobbyists Code, and\n> \n> > (b) conferring on the Electoral Commission the function of enforcing compliance with the Lobbyists Code and the provisions of this Act, and\n> \n> > (c) enabling the Electoral Commission to investigate alleged breaches of the Lobbyists Code, this Act and the regulation and impose sanctions, and\n> \n> > (d) banning success fees for lobbying, and\n> \n> > (e) restricting lobbying by former Ministers and Parliamentary Secretaries.\n> \n> **s 2A:** Ins 2018 No 20, Sch 3.6 \\[1\\].","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act:\n> > \n> > Commonwealth public official means any of the following:\n> > \n> > > (a) a Minister or Parliamentary Secretary of the Commonwealth Government,\n> > \n> > > (b) a staff member of a Minister or Parliamentary Secretary of the Commonwealth Government (including a staff member in an electorate office),\n> > \n> > > (c) a person employed in the Commonwealth Public Service (including the head of any department, division, branch or agency of that Service),\n> > \n> > > (d) an individual who is engaged under a contract to provide services to or on behalf of the Commonwealth Public Service or any other service of the Crown in right of the Commonwealth,\n> > \n> > > (e) a member (however expressed) of, or of the governing body of, a statutory body established under a law of the Commonwealth.\n> > \n> > communicate includes communicate in person, in writing, by telephone or by email or other electronic means.\n> > \n> > Electoral Commission means the New South Wales Electoral Commission constituted under the [Electoral Act 2017](/view/html/inforce/current/act-2017-066).\n> > \n> > Government official means any of the following:\n> > \n> > > (a) a Minister or Parliamentary Secretary,\n> > \n> > > (b) a staff member of a Minister or Parliamentary Secretary (including a staff member in an electorate office),\n> > \n> > > (c) the head of a Public Service agency,\n> > \n> > > (d) a person employed in the Public Service of New South Wales, the Transport Service of New South Wales or any other service of the Crown,\n> > \n> > > (e) an individual who is engaged under a contract to provide services to or on behalf of the Public Service of New South Wales, the Transport Service of New South Wales or any other service of the Crown,\n> > \n> > > (f) a member (however expressed) of, or of the governing body of, a statutory body,\n> > \n> > but does not include (except in Parts 5 and 6) a local government official.\n> > \n> > lobbying—see section 4.\n> > \n> > lobbyist means:\n> > \n> > > (a) a third-party lobbyist, or\n> > \n> > > (b) any other individual or body that lobbies Government officials (including an individual engaged to undertake lobbying for a third-party lobbyist).\n> > \n> > Lobbyists Code means the Lobbyists Code of Conduct prescribed by the regulations under Part 2.\n> > \n> > Lobbyists Register means the Register of Third-Party Lobbyists established under Part 3.\n> > \n> > Lobbyists Watch List means the Lobbyists Watch List established under Part 4.\n> > \n> > officer of a registered political party means a person who is occupying or acting in an office or position concerned with the management of a party registered under Part 6 of the [Electoral Act 2017](/view/html/inforce/current/act-2017-066).\n> > \n> > planning application means an application or request by a person (other than a public authority within the meaning of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203)):\n> > \n> > > (a) to initiate the making of an environmental planning instrument or plan under that Act in relation to any development, project or activity on a particular site, or\n> > \n> > > (b) for consent to, or approval of, any development, project or activity under that Act or for the modification of any such consent or approval.\n> > \n> > success fee—see section 14.\n> > \n> > third-party lobbyist means an individual or body carrying on the business (generally for money or other valuable consideration) of lobbying Government officials on behalf of another individual or body, and:\n> > \n> > > (a) includes an individual or body included in this definition by the regulations, but\n> > \n> > > (b) does not include an individual or body excluded from this definition by the regulations.\n> \n> > (2) Notes included in this Act do not form part of this Act.\n> \n> **s 3:** Subst 2014 No 30, Sch 3 \\[1\\]. Am 2017 No 66, Sch 8.15 \\[1\\] \\[2\\]; 2018 No 20, Sch 3.6 \\[2\\].","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Meaning of “lobbying”","content":"#### 4 Meaning of “lobbying”\n\n4 Meaning of “lobbying”\n\n> > (1) For the purposes of this Act, lobbying a Government official means communicating with the official for the purpose of representing the interests of others in relation to any of the following:\n> > \n> > > (a) legislation or proposed legislation or a government decision or policy or proposed government decision or policy,\n> > \n> > > (b) a planning application,\n> > \n> > > (c) the exercise by the official of his or her official functions.\n> \n> > (2) Lobbying extends to:\n> > \n> > > (a) any such communication whether or not in the course of carrying on the business of lobbying Government officials, and\n> > \n> > > (b) any such communication by a person who works for an organisation for the purpose of representing the interests of the organisation or its members, and\n> > \n> > > (c) any such communication for the purpose of representing community interests, and\n> > \n> > > (d) any communication included in this definition by the regulations.\n> \n> > (3) However, lobbying does not include:\n> > \n> > > (a) any communication by a member of Parliament acting in the ordinary course of his or her duties as a member (or any communication by a constituent of a member of Parliament in the ordinary course of seeking electorate advice or assistance from the member), or\n> > \n> > > (b) any communication by a Government official acting in the ordinary course of his or her duties as a Government official, or\n> > \n> > > (c) any communication excluded from this definition by the regulations.\n> \n> **s 4:** Ins 2014 No 30, Sch 3 \\[2\\].","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Lobbyists Code of Conduct","content":"# Part 2 Lobbyists Code of Conduct\n\nPart 2 Lobbyists Code of Conduct\n\n**pt 2 (ss 5–7):** Ins 2014 No 30, Sch 3 \\[3\\].","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"The Lobbyists Code","content":"#### 5 The Lobbyists Code\n\n5 The Lobbyists Code\n\n> > (1) The Lobbyists Code of Conduct is the code of conduct prescribed by the regulations for third-party and other lobbyists (the Lobbyists Code).\n> \n> > (2) The Minister is to consult the Electoral Commission on any proposed code of conduct or amendment of the code of conduct.\n> \n> **pt 2 (ss 5–7):** Ins 2014 No 30, Sch 3 \\[3\\].","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Content of the Lobbyists Code","content":"#### 6 Content of the Lobbyists Code\n\n6 Content of the Lobbyists Code\n\n> > (1) The Lobbyists Code is to set out the ethical standards of conduct to be observed by lobbyists in connection with the lobbying of Government officials in order to promote transparency, integrity and honesty.\n> \n> > (2) The Lobbyists Code may provide for any matter relating to lobbying or lobbyists, including the procedures for meetings or other contact with Government officials. The Lobbyists Code may make different provision in relation to different classes of lobbyists.\n> \n> **pt 2 (ss 5–7):** Ins 2014 No 30, Sch 3 \\[3\\].","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Compliance with Lobbyists Code","content":"#### 7 Compliance with Lobbyists Code\n\n7 Compliance with Lobbyists Code\n\n> It is the duty of a lobbyist to comply with the Lobbyists Code in connection with the lobbying of Government officials.\n> \n> Note—\n> \n> See section 19 for enforcement of the Code by the Electoral Commission.\n> \n> **pt 2 (ss 5–7):** Ins 2014 No 30, Sch 3 \\[3\\].","sortOrder":9},{"sectionNumber":"Part 3","sectionType":"part","heading":"Register of Third-Party Lobbyists","content":"# Part 3 Register of Third-Party Lobbyists\n\nPart 3 Register of Third-Party Lobbyists\n\n**pt 3:** Ins 2014 No 30, Sch 3 \\[3\\].","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"The Lobbyists Register","content":"#### 8 The Lobbyists Register\n\n8 The Lobbyists Register\n\n> > (1) The Electoral Commission is to establish a Register of Third-Party Lobbyists (the Lobbyists Register).\n> \n> > (2) The Electoral Commission is to publish the Lobbyists Register on a website maintained by the Electoral Commission.\n> \n> **s 8:** Ins 2014 No 30, Sch 3 \\[3\\].","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Registration of third-party lobbyists and those undertaking lobbying for third-party lobbyists","content":"#### 9 Registration of third-party lobbyists and those undertaking lobbying for third-party lobbyists\n\n9 Registration of third-party lobbyists and those undertaking lobbying for third-party lobbyists\n\n> > (1) A third-party lobbyist is required to be registered in the Lobbyists Register.\n> \n> > (2) An individual engaged to undertake lobbying for a third-party lobbyist is required to be registered in the Lobbyists Register in respect of the third-party lobbyist.\n> \n> > (3) A third-party lobbyist (or any individual so engaged) is not eligible to be registered if the person is an officer of a registered political party, is not a fit and proper person to be registered or is otherwise ineligible under the regulations to be registered.\n> \n> > (4) An application for the registration of a third-party lobbyist may be made to the Electoral Commission by or on behalf of the lobbyist.\n> \n> > (5) The application for registration:\n> > \n> > > (a) is to be in the form approved by the Electoral Commission, and\n> > \n> > > (b) is to contain the names of the individuals engaged to undertake lobbying for the third-party lobbyist, and\n> > \n> > > (c) is to require the disclosure of any other information to be included in the Lobbyists Register in respect of the third-party lobbyist, and\n> > \n> > > (d) may require the disclosure of the criminal record of the third-party lobbyist, individuals engaged to undertake lobbying or other persons associated with the third-party lobbyist.\n> \n> > (6) The Electoral Commission must register a third-party lobbyist (and any individual engaged to undertake lobbying for a third-party lobbyist) if an application for registration has been duly made to the Electoral Commission unless it is satisfied that the person is not eligible to be registered.\n> \n> > (7) The Electoral Commission may cancel or suspend the registration of a third-party lobbyist (or any individual engaged to undertake lobbying for a third-party lobbyist) if:\n> > \n> > > (a) the lobbyist (or an individual so engaged) contravenes the Lobbyists Code or this Act, or\n> > \n> > > (a1) the lobbyist (or an individual so engaged) ceases to be eligible to be registered in the Lobbyists Register, or\n> > \n> > > (b) in the case of a third-party lobbyist—the lobbyist fails to update the information in the Lobbyists Register when required to do so, or\n> > \n> > > (c) in the case of a third-party lobbyist—the lobbyist no longer carries on the business of lobbying, or\n> > \n> > > (d) in the case of an individual engaged to undertake lobbying for a third-party lobbyist—the individual is no longer so engaged, or\n> > \n> > > (e) the Electoral Commission is authorised to do so by the regulations.\n> \n> > (8) The Electoral Commission may determine that a third-party lobbyist who has carried on the business of lobbying while not registered is ineligible to be registered for the period specified by the Electoral Commission.\n> \n> > (9) A person is taken for the purposes of this section not to be a fit and proper person to be registered in the Lobbyists Register (without limiting any other circumstances) if the person:\n> > \n> > > (a) has been sentenced to a term of imprisonment of 30 months or more, or\n> > \n> > > (b) has been convicted, within the previous 10 years, of an offence committed as an adult involving fraud or dishonesty.\n> \n> **s 9:** Ins 2014 No 30, Sch 3 \\[3\\]. Am 2018 No 20, Sch 3.6 \\[3\\] \\[4\\].","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Information in the Lobbyists Register","content":"#### 10 Information in the Lobbyists Register\n\n10 Information in the Lobbyists Register\n\n> > (1) The following information is required to be included in the Lobbyists Register in respect of each registered third-party lobbyist:\n> > \n> > > (a) the name and business contact details of the lobbyist,\n> > \n> > > (b) the names of the individuals engaged to undertake the lobbying of Government officials for the lobbyist,\n> > \n> > > (c) the names of the persons having a management, financial or other interest in the lobbyist of a kind prescribed by the regulations,\n> > \n> > > (d) the names of the third parties who have retained the lobbyist to provide, or for whom the lobbyist has provided, lobbying services (whether paid or unpaid),\n> > \n> > > (e) such other information relating to the lobbyist as the regulations may prescribe or the Electoral Commission considers appropriate.\n> \n> > (2) A registered third-party lobbyist is required to update the information in the Lobbyists Register, in writing to the Electoral Commission, at such times or at the end of such periods as the regulations require.\n> \n> > (3) The Electoral Commission may, at the request of a lobbyist, exclude information in the Lobbyists Register from being made publicly available if the Electoral Commission is satisfied that there is an overriding public interest against disclosure of the information (within the meaning of the [Government Information (Public Access) Act 2009](/view/html/inforce/current/act-2009-052)).\n> \n> > (4) The Electoral Commission may decline to include in the Lobbyists Register any information that the Electoral Commission has reason to believe is vexatious, false or misleading.\n> \n> > (5) Information is required to be included in the Lobbyists Register of:\n> > \n> > > (a) any lobbyist whose registration has been cancelled or suspended (otherwise than because the lobbyist no longer provides lobbying services or undertakes lobbying), or\n> > \n> > > (b) any unregistered lobbyist whom the Electoral Commission has determined is ineligible to be registered for the period specified by the Electoral Commission.\n> \n> > (6) Information is to be retained in the Lobbyists Register until the end of the period provided by the regulations.\n> \n> > (7) Information required to be retained in the Lobbyists Register, but that is no longer current, is to indicate the period for which it was current.\n> \n> Note—\n> \n> It is an offence under Part 5A of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040) to knowingly provide false or misleading information or to knowingly produce documents that are false or misleading in purported compliance with a law of the State.\n> \n> **s 10:** Ins 2014 No 30, Sch 3 \\[3\\].","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"General provisions relating to Lobbyists Register","content":"#### 11 General provisions relating to Lobbyists Register\n\n11 General provisions relating to Lobbyists Register\n\n> > (1) The Lobbyists Register is a public document.\n> \n> > (2) The Electoral Commission may require information provided in an application for registration as a third-party lobbyist or to update information in the Lobbyists Register to be verified by statutory declaration.\n> \n> > (3) The regulations may make provision for or with respect to registration under this Part and the Lobbyists Register.\n> \n> **s 11:** Ins 2014 No 30, Sch 3 \\[3\\].","sortOrder":14},{"sectionNumber":"Part 4","sectionType":"part","heading":"Lobbyists Watch List","content":"# Part 4 Lobbyists Watch List\n\nPart 4 Lobbyists Watch List\n\n**pt 4 (ss 12, 13):** Ins 2014 No 30, Sch 3 \\[3\\].","sortOrder":15},{"sectionNumber":"12","sectionType":"section","heading":"Lobbyists Watch List","content":"#### 12 Lobbyists Watch List\n\n12 Lobbyists Watch List\n\n> > (1) The Electoral Commission is to maintain (subject to the regulations) a Lobbyists Watch List that contains the names and other identifying details of any third-party or other lobbyist whom the Electoral Commission determines should be placed on the Lobbyists Watch List because of contraventions of the Lobbyists Code or of this Act.\n> \n> > (2) Any code of conduct or other official rules applying to Government officials may include special procedures for communication by the officials with lobbyists on the Lobbyists Watch List.\n> \n> > (3) The Lobbyists Watch List is to be published on the website maintained by the Electoral Commission on which the Lobbyists Register is published.\n> \n> > (4) The Electoral Commission may (subject to the regulations) remove persons from the Lobbyists Watch List if the Electoral Commission is satisfied that they should no longer be placed on the List.\n> \n> **pt 4 (ss 12, 13):** Ins 2014 No 30, Sch 3 \\[3\\].","sortOrder":16},{"sectionNumber":"13","sectionType":"section","heading":"General provisions relating to Lobbyists Watch List","content":"#### 13 General provisions relating to Lobbyists Watch List\n\n13 General provisions relating to Lobbyists Watch List\n\n> > (1) The Lobbyists Watch List is a public document.\n> \n> > (2) The Electoral Commission may, at the request of a lobbyist, exclude information in the Lobbyists Watch List from being made publicly available if the Electoral Commission is satisfied that there is an overriding public interest against disclosure of the information (within the meaning of the [Government Information (Public Access) Act 2009](/view/html/inforce/current/act-2009-052)).\n> \n> > (3) The regulations may make provision for or with respect to the Lobbyists Watch List.\n> \n> **pt 4 (ss 12, 13):** Ins 2014 No 30, Sch 3 \\[3\\].","sortOrder":17},{"sectionNumber":"Part 5","sectionType":"part","heading":"Ban on success fees for lobbying","content":"# Part 5 Ban on success fees for lobbying\n\nPart 5 Ban on success fees for lobbying\n\n**pt 5 (ss 14–17) (previously Part 2 (secs 4–7)):** Renumbered 2014 No 30, Sch 3 \\[4\\].","sortOrder":18},{"sectionNumber":"14","sectionType":"section","heading":"Success fees","content":"#### 14 Success fees\n\n14 Success fees\n\n> In this Act, a success fee for the lobbying of a Government official is an amount of money or other valuable consideration the giving or receipt of which is contingent on the outcome of the lobbying of the Government official by or on behalf of a lobbyist or on the outcome of a matter about which such lobbying is carried out.","sortOrder":19},{"sectionNumber":"15","sectionType":"section","heading":"Ban on success fees","content":"#### 15 Ban on success fees\n\n15 Ban on success fees\n\n> > (1) A person must not give, or agree to give, a success fee for the lobbying of a Government official to a lobbyist or to any other person at the direction or with the agreement of the lobbyist.\n> \n> > (2) A lobbyist must not receive or agree to receive, or agree that another person is to receive, a success fee for the lobbying of a Government official.\n> \n> > (3) A person (other than a lobbyist) must not receive, or agree to receive, a success fee for the lobbying of a Government official.\n> \n> Maximum penalty: 500 penalty units (in the case of a corporation) or 200 penalty units (in the case of an individual).","sortOrder":20},{"sectionNumber":"16","sectionType":"section","heading":"Forfeiture of success fees","content":"#### 16 Forfeiture of success fees\n\n16 Forfeiture of success fees\n\n> > (1) If a person is found guilty of an offence under this Part, any success fee to which the offence relates given to or received by the person is, unless the court otherwise orders, forfeited to the Crown.\n> \n> > (2) In proceedings for an offence under this Part, or on appeal, the court may order that a success fee not be forfeited or, if it has been forfeited, that it be returned to a specified person.","sortOrder":21},{"sectionNumber":"17","sectionType":"section","heading":"Exclusion of fees for technical professional services","content":"#### 17 Exclusion of fees for technical professional services\n\n17 Exclusion of fees for technical professional services\n\n> This Part does not apply in respect of the giving or receipt of an amount of money or other valuable consideration if it is primarily given or received in consideration for the provision of professional advice or other professional services (other than lobbying services) by a lawyer, accountant, financial advisor or other technical specialist.","sortOrder":22},{"sectionNumber":"Part 6","sectionType":"part","heading":"Other restrictions on lobbying","content":"# Part 6 Other restrictions on lobbying\n\nPart 6 Other restrictions on lobbying\n\n**pt 6 (previously Part 3):** Renumbered 2014 No 30, Sch 3 \\[5\\].","sortOrder":23},{"sectionNumber":"18","sectionType":"section","heading":"Cooling-off period for former-Ministers and former-Parliamentary Secretaries","content":"#### 18 Cooling-off period for former-Ministers and former-Parliamentary Secretaries\n\n18 Cooling-off period for former-Ministers and former-Parliamentary Secretaries\n\n> > (1) A Minister or Parliamentary Secretary who ceases to hold office as a Minister or Parliamentary Secretary must not, during the cooling-off period, engage in the lobbying of a Government official in relation to an official matter that was dealt with by the former Minister or Parliamentary Secretary in the course of carrying out portfolio responsibilities in the period of 18 months immediately before ceasing to hold office as a Minister or Parliamentary Secretary.\n> > \n> > Maximum penalty: 200 penalty units.\n> \n> > (2) This section does not apply to the lobbying of a Government official by a former Minister or Parliamentary Secretary who is lobbying as:\n> > \n> > > (a) a member of Parliament, or\n> > \n> > > (b) a member of the Parliament of the Commonwealth, or\n> > \n> > > (c) a Government official, or\n> > \n> > > (d) a Commonwealth public official.\n> \n> > (3) In this section, the cooling-off period for a Minister or Parliamentary Secretary who ceases to hold office is the period of 18 months immediately after the Minister or Parliamentary Secretary ceases to hold office as a Minister or Parliamentary Secretary.\n> \n> **s 18 (previously s 8):** Renumbered 2014 No 30, Sch 3 \\[5\\]. Am 2018 No 20, Sch 3.6 \\[5\\].","sortOrder":24},{"sectionNumber":"Part 7","sectionType":"part","heading":"Miscellaneous","content":"# Part 7 Miscellaneous\n\nPart 7 Miscellaneous\n\n**pt 7 (previously Part 4):** Renumbered 2014 No 30, Sch 3 \\[6\\].","sortOrder":25},{"sectionNumber":"19","sectionType":"section","heading":"Enforcement of Lobbyists Code and this Act","content":"#### 19 Enforcement of Lobbyists Code and this Act\n\n19 Enforcement of Lobbyists Code and this Act\n\n> > (1) The Electoral Commission has the function of enforcing compliance with the Lobbyists Code and the provisions of this Act (including any code of conduct or official rules referred to in section 12 (2)).\n> \n> > (2) For that purpose, the Electoral Commission may exercise any investigative or other functions the Electoral Commission has under the [Electoral Funding Act 2018](/view/html/inforce/current/act-2018-020) for the purpose of enforcing compliance with that Act.\n> \n> > (3) Accordingly, a reference in Part 9 of that Act to “this Act” is taken to be a reference to the Lobbyists Code and this Act.\n> \n> **s 19:** Ins 2014 No 30, Sch 3 \\[7\\]. Am 2018 No 20, Sch 3.6 \\[6\\] \\[7\\].","sortOrder":26},{"sectionNumber":"19A","sectionType":"section","heading":"Electoral Commission to give notice of and reasons for certain decisions","content":"#### 19A Electoral Commission to give notice of and reasons for certain decisions\n\n19A Electoral Commission to give notice of and reasons for certain decisions\n\n> > (1) Where the Electoral Commission makes any of the following decisions, it must give the person who is the subject of the decision notice in writing of the decision and reasons for the decision:\n> > \n> > > (a) a decision to refuse to register a third-party lobbyist (or an individual engaged to undertake lobbying for a third-party lobbyist) under section 9 (6),\n> > \n> > > (b) a decision to cancel or suspend the registration of a third-party lobbyist (or an individual engaged to undertake lobbying for a third-party lobbyist) under section 9 (7),\n> > \n> > > (c) a determination that a third-party lobbyist who has carried on the business of lobbying while not registered is ineligible to be registered for the period specified by the Electoral Commission under section 9 (8),\n> > \n> > > (d) a decision to place the name of a third-party or other lobbyist on the Lobbyists Watch List under section 12.\n> \n> > (2) The Electoral Commission is also to publish notice of, and the reasons for, the decision on its website, unless the Electoral Commission is satisfied that there is an overriding public interest against the disclosure of the information (within the meaning of the [Government Information (Public Access) Act 2009](/view/html/inforce/current/act-2009-052)).\n> \n> **s 19A:** Ins 2018 No 20, Sch 3.6 \\[8\\].","sortOrder":27},{"sectionNumber":"20","sectionType":"section","heading":"Protections in respect of defamation and breach of confidence","content":"#### 20 Protections in respect of defamation and breach of confidence\n\n20 Protections in respect of defamation and breach of confidence\n\n> > (1) This section applies if:\n> > \n> > > (a) the name of a person or other information is included in or removed from (or not included in or removed from) the Lobbyists Register or Lobbyists Watch List by the Electoral Commission pursuant to a decision under this Act, and\n> > \n> > > (b) the Electoral Commission believes in good faith, when making the decision, that this Act permits or requires the decision to be made.\n> \n> > (2) In any such case, no action for defamation or breach of confidence lies against the Crown, the Electoral Commission, a member of the Electoral Commission or a member of the staff of the Electoral Commission by reason of the making of the decision or any disclosure of information resulting from the decision.\n> \n> **s 20:** Ins 2014 No 30, Sch 3 \\[7\\].","sortOrder":28},{"sectionNumber":"21","sectionType":"section","heading":"Regulations","content":"#### 21 Regulations\n\n21 Regulations\n\n> The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> **ss 21–24 (previously ss 9–12):** Renumbered 2014 No 30, Sch 3 \\[6\\].","sortOrder":29},{"sectionNumber":"22","sectionType":"section","heading":"Nature of proceedings for offences","content":"#### 22 Nature of proceedings for offences\n\n22 Nature of proceedings for offences\n\n> Proceedings for an offence under this Act may be dealt with summarily before the Local Court.\n> \n> **ss 21–24 (previously ss 9–12):** Renumbered 2014 No 30, Sch 3 \\[6\\].","sortOrder":30},{"sectionNumber":"23","sectionType":"section","heading":"Offences by corporations","content":"#### 23 Offences by corporations\n\n23 Offences by corporations\n\n> > (1) If a corporation contravenes, whether by act or omission, any provision of this Act, each person who is a director of the corporation or who is concerned in the management of the corporation is taken to have contravened the same provision if the person knowingly authorised or permitted the contravention.\n> \n> > (2) A person may be proceeded against and convicted under a provision pursuant to subsection (1) whether or not the corporation has been proceeded against or has been convicted under the provision.\n> \n> > (3) Nothing in this section affects any liability imposed on a corporation for an offence committed by the corporation under this Act.\n> \n> **ss 21–24 (previously ss 9–12):** Renumbered 2014 No 30, Sch 3 \\[6\\].","sortOrder":31},{"sectionNumber":"24","sectionType":"section","heading":"Review of Act","content":"#### 24 Review of Act\n\n24 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.\n> \n> > (3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.\n> \n> **ss 21–24 (previously ss 9–12):** Renumbered 2014 No 30, Sch 3 \\[6\\].","sortOrder":32},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 1 Savings, transitional and other provisions\n\nSchedule 1 Savings, transitional and other provisions\n\n**sch 1:** Am 2014 No 30, Sch 3 \\[8\\]–\\[10\\].","sortOrder":33}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2011 form. Initially focused primarily on banning success fees and cooling-off periods for former ministers, the 2014 amendments (Electoral and Lobbying Legislation Amendment (Electoral Commission) Act 2014) added comprehensive registration and regulatory frameworks including the Lobbyists Register, Lobbyists Watch List, Lobbyists Code of Conduct, and enforcement powers for the Electoral Commission. The 2018 amendments further expanded the Electoral Commission's investigative functions and added notification requirements. The Act transformed from a narrow prohibitory regime into a broad regulatory scheme for the lobbying industry."},"complexity_factors":["Multiple defined terms with nested definitions (e.g., 'lobbyist' includes 'third-party lobbyist' which has its own conditional definition)","Cross-references to external legislation including Electoral Act 2017, Electoral Funding Act 2018, Environmental Planning and Assessment Act 1979, Government Information (Public Access) Act 2009, and Crimes Act 1900","Conditional exclusions and exceptions throughout (e.g., lobbying definition excludes MPs acting in ordinary course of duties; success fee ban excludes technical professional services)","Historical renumbering of Parts and sections evident from amendment notes (originally Parts 2-4 renumbered to Parts 5-7)","Delegated legislative power leaving significant detail to regulations (Lobbyists Code, registration procedures, watch list criteria)","Dual jurisdiction coverage (NSW and Commonwealth officials) with slightly different definitions"],"plain_english_summary":"This is New South Wales legislation that regulates how people can try to influence government decisions. It creates a system where professional lobbyists must register with the NSW Electoral Commission and follow a code of conduct. The Act bans 'success fees' (payments that depend on whether lobbying achieves its goal) and stops former Ministers from lobbying on matters they handled in government for 18 months after leaving office. The Electoral Commission maintains a public register of lobbyists and a 'watch list' for those who break the rules, with powers to investigate and penalise misconduct."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The source text shows the Act has been amended since its original enactment and that those amendments altered its institutional placement and functions. Notable changes in the text include the insertion of an objects clause (s 2A) (Ins 2018 No 20), transfer and reconstitution of registration and enforcement arrangements involving the Electoral Commission (see s 8 and amendment notes to s 3 and the transitional clause in Schedule 1 cl 3), and the addition of procedural requirements for Commission decisions and reasons (s 19A) (Ins 2018 No 20). These amendments broaden or clarify enforcement responsibilities (s 19), add public‑reasoning requirements (s 19A), and refocus the Act’s stated objects (s 2A). The Act also renumbered parts and incorporated earlier provisions by amendment notes; transitional clauses preserve prior registrations and address existing success‑fee agreements (Schedule 1 cl 2–3)."},"complexity_factors":["Detailed definitional framework for \"lobbying\", \"lobbyist\" and multiple classes of public official (ss 3–4).","Registration mechanics: eligibility tests, disclosure requirements, updating obligations and verification (ss 9–11, s 10(1)–(2)).","Enforcement structure delegates investigatory powers to the Electoral Commission and links to the Electoral Funding Act, creating cross‑instrument interaction (s 19(1)–(3)).","Regulations will prescribe substantial operational detail (Code content, classes of lobbyists, exclusions), leaving key scope and procedures to delegated legislation (ss 5–6, s 21).","Multiple statutory remedies and sanctions: criminal penalties, forfeiture, administrative suspension/cancellation, and corporate officer liability (ss 15–16, s 9(7), s 23).","Public registers and Watch List obligations balanced against public‑interest confidentiality exceptions and discretion to withhold information (ss 10(3), 11(2), 12(4), 13(2)).","Cooling‑off rule with express exceptions affects post‑office activity and interacts with exceptions in the definition of lobbying (s 18, s 4(3)).","Transitional and savings provisions and historical amendments noted in the text introduce complexity about prior registrations and existing agreements (Schedule 1 cl 2–3)."],"plain_english_summary":"What this Act does, mechanically\n\n- Defines what counts as \"lobbying\" and who is a \"lobbyist\" (including \"third-party lobbyists\") for the purposes of the law (ss 3–4). Lobbying means communicating with a Government official to represent others' interests about legislation, planning applications, or the official's exercise of functions (s 4(1)).\n\n- Requires third-party lobbyists (and individuals they engage to lobby) to be registered on a public Lobbyists Register maintained and published by the New South Wales Electoral Commission (ss 8–9). The register must include names, contact details, the lobbyist’s personnel, certain persons with management or financial interests, and the third parties who retain the lobbyist (s 10(1)(a)–(d)). Registered lobbyists must update information as the regulations require (s 10(2)); the Commission may verify information (s 11(2)).\n\n- Establishes a Lobbyists Code of Conduct (the Code) to be prescribed by regulation; the Minister consults the Electoral Commission on the Code (ss 5–6). It is a duty of a lobbyist to comply with the Code (s 7).\n\n- Creates a publicly published Lobbyists Watch List for lobbyists the Electoral Commission determines have contravened the Code or the Act; government rules may require special procedures when officials deal with lobbyists on the Watch List (s 12). The Commission can remove names from the Watch List subject to regulations (s 12(4)).\n\n- Bans \"success fees\" for lobbying: a success fee is payment contingent on the outcome of lobbying. The Act makes it an offence to give, receive or agree to receive such a fee (ss 14–15). There are criminal penalties and possible forfeiture of success fees to the Crown (ss 15–16). Fees for technical professional services (legal, accounting, financial advice, or other technical specialists) primarily for services other than lobbying are excluded (s 17).\n\n- Imposes an 18‑month cooling‑off period for former Ministers and Parliamentary Secretaries: they must not, during that period, lobby Government officials about official matters they handled in the 18 months before leaving office (s 18). The cooling‑off rule does not apply where they lobby as a Member of Parliament, as a Government official, or as a Commonwealth public official (s 18(2)).\n\n- Gives the New South Wales Electoral Commission the enforcement function for the Code and this Act, and authorises the Commission to use investigatory powers it has under the Electoral Funding Act 2018 for enforcement (s 19(1)–(2)). The Commission must give written notice and reasons for key decisions (refusal, suspension, ineligibility, or placement on the Watch List) and publish those reasons unless an overriding public interest counsels against disclosure (s 19A). The Act provides protections from defamation or breach of confidence claims where the Commission acted in good faith under the Act (s 20).\n\n- Enables the Governor to make regulations to flesh out details of the register, the Code, eligibility rules, procedures, and transitional arrangements (s 21). Proceedings for offences under the Act may be dealt with summarily in the Local Court (s 22). Corporate directors or managers can be treated as having contravened the Act if they knowingly authorised or permitted a corporate breach (s 23). The Minister must review the Act after 5 years (s 24).\n\nOfficial stated purpose and how the Act’s mechanics address it\n\n- The Act’s stated objects are to \"promote transparency, integrity and honesty\" by: ensuring lobbyists meet ethical standards in the Lobbyists Code; giving the Electoral Commission enforcement and investigative functions; enabling sanctions; banning success fees; and restricting post‑office lobbying by former Ministers and Parliamentary Secretaries (s 2A). The Act implements those objectives by (a) creating a public register and watch list (ss 8, 12), (b) requiring registration and disclosure of clients and certain interests (s 10), (c) prescribing a Code and imposing a statutory duty to comply (ss 5–7), (d) criminalising contingent success fees (ss 14–16), (e) imposing a cooling‑off restriction (s 18), and (f) vesting enforcement and investigatory authority in the Electoral Commission (s 19).\n\nCosts, incentives, trade‑offs and implementation risks (source‑grounded)\n\n- Compliance burden on lobbyists and firms: registration requires detailed disclosures (s 9(5), s 10(1)) and ongoing updates (s 10(2)). The Electoral Commission may require verification by statutory declaration (s 11(2)). These are direct administrative costs for third‑party lobbyists and for individuals they engage.\n\n- Visibility of commercial relationships: the register must list third parties who have retained the lobbyist (s 10(1)(d)). That disclosure requirement changes what client information is publicly available and creates an incentive for lobbyists or clients to change contracting or service models where confidentiality is desired.\n\n- Penalties and legal risk: breaches attract criminal penalties (s 15) and forfeiture of success fees (s 16). Corporations and their directors or managers may be liable where contraventions are knowingly authorised or permitted (s 23). These provisions create legal and financial risk that lobbyists and their employers must manage.\n\n- Behavioural incentives and substitution effects: banning contingent success fees (ss 14–15) removes one form of remuneration tied to outcomes. The Act expressly allows standard professional fees for non‑lobbying technical services (s 17), which could encourage structuring engagements to characterise work as technical professional services rather than lobbying.\n\n- Discretion and information control vested in the Electoral Commission: the Commission decides registration eligibility (s 9(6)–(7)), may cancel or suspend registration (s 9(7)), may exclude information from public publication where an overriding public interest exists (s 10(3), s 13(2)), and places names on or removes names from the Watch List (s 12(1), s 12(4)). Those powers concentrate decision‑making and discretionary judgment in the Commission and require it to balance transparency with public‑interest exceptions.\n\n- Enforcement resourcing and procedural risk: enforcement is given to the Electoral Commission and tied to its investigatory powers under the Electoral Funding Act 2018 (s 19(1)–(2)). Effective enforcement therefore depends on the Commission having capacity, procedures and regulations to exercise those powers. The Act delegates details to regulations (ss 5–6, s 21), so practical outcomes will depend on regulatory design and implementation.\n\n- Effects on former officials and private enterprise: the cooling‑off prohibition (s 18) restricts a former Minister’s or Parliamentary Secretary’s ability to lobby on certain official matters for 18 months. The exceptions in s 18(2) narrow the reach of the restriction in some circumstances. The restriction shifts where and when former public officeholders may supply lobbying services.\n\nWho pays, who decides, and what behaviour changes\n\n- Who pays: third‑party lobbyists and individuals they engage bear registration and verification costs (s 9, s 11(2)), and may face fines or forfeiture if they breach the Act (ss 15–16). Corporations and potentially their directors or managers bear risk of liability for corporate contraventions (s 23). The Crown receives forfeited success fees unless the court orders otherwise (s 16(1)).\n\n- Who decides: the New South Wales Electoral Commission decides registration, cancellation, suspension and placement on the Watch List (ss 8–9, s 12). The Minister prescribes the Code by regulation after consultation with the Electoral Commission (s 5). The Governor makes regulations (s 21). Courts decide criminal penalties and forfeiture questions under the Act (ss 15–16).\n\n- Behaviour changes likely prompted by the Act’s mechanics: third‑party lobbyists must register and disclose client relationships (ss 9–10) and comply with a Code (s 7); lobbyists cannot charge contingent success fees (ss 14–15) and may restructure fee models; former Ministers and Parliamentary Secretaries will avoid lobbying on certain matters for 18 months after leaving office (s 18); Government officials and agencies may adopt special procedures for dealings with Watch‑listed lobbyists (s 12(2)).\n\nTrade‑offs and opportunity costs to observe\n\n- Transparency vs confidentiality: required disclosures (s 10) increase public visibility of lobbying but reduce confidentiality for commercial clients; the Commission may withhold information on overriding public‑interest grounds (s 10(3)).\n\n- Scope set by regulation: important details — the content and classes in the Lobbyists Code, inclusions or exclusions from the definition of third‑party lobbyist, and procedural rules for the register and Watch List — are left to regulations (ss 5–6, s 21). That means the Act sets a framework but regulatory choices will determine practical scope and burden.\n\n- Concentration of decision power and reputational effects: the Electoral Commission’s power to publish names and reasons (s 19A) can impose reputational costs on lobbyists; the Act protects the Commission from defamation claims where it acted in good faith (s 20).\n\nKey statutory references (select): ss 2A, 3–4, 5–7, 8–13, 14–18, 19–20, 21, 23–24."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Insufficient legislative text was provided to assess whether the scope changed from the original intent. Only website metadata and version history were included — the substantive provisions of the Act were absent from the supplied text. Based on version history, amendments were made in 2014 and 2018, which may have adjusted scope, but this cannot be confirmed from the material provided."},"complexity_factors":["The actual legislative text was not provided — only website navigation metadata and status information were supplied, preventing full analysis of substantive provisions","Lobbying regulation laws typically involve layered definitions distinguishing professional lobbyists from in-house advocates and exempt categories","Multiple responsible ministers (Premier and Special Minister of State) may indicate overlapping administrative responsibilities","The Act has been amended twice since commencement (2014 and 2018), suggesting evolving scope and obligations","Interaction with related instruments such as codes of conduct and the Administrative Arrangements Order adds complexity","Determining who is or is not a 'lobbyist' under such laws often requires careful reading of definitions and exclusions"],"plain_english_summary":"## Lobbying of Government Officials Act 2011 (NSW)\n\n**What is this law about?**\nThis is a New South Wales law that regulates *lobbying* — that is, when paid professionals (called lobbyists) try to influence government ministers, MPs, or public servants on behalf of paying clients.\n\n**Who does it affect?**\n- **Professional lobbyists** (people paid to influence government decisions on behalf of others)\n- **Government officials** including ministers, parliamentary secretaries, and senior public servants\n- **Businesses and organisations** that hire lobbyists to influence government policy or decisions\n\n**Why does it matter?**\nThe law aims to make the relationship between lobbyists and government transparent and accountable. Without rules like this, private interests could quietly influence government decisions without the public knowing. The law typically requires lobbyists to register on a public register and follow a code of conduct.\n\n**Important note:** The text provided is essentially just the *metadata and navigation wrapper* from the NSW legislation website — the actual substantive provisions of the Act (the rules, definitions, penalties, and obligations) are **not included** in the text supplied for analysis. This assessment is therefore based on the Act's title, jurisdiction, and publicly known context rather than its full text."}},"importantCases":[],"_links":{"self":"/api/acts/lobbying-of-government-officials-act-2011","history":"/api/acts/lobbying-of-government-officials-act-2011/history","analysis":"/api/acts/lobbying-of-government-officials-act-2011/analysis","conflicts":"/api/acts/lobbying-of-government-officials-act-2011/conflicts","importantCases":"/api/acts/lobbying-of-government-officials-act-2011/important-cases","documents":"/api/acts/lobbying-of-government-officials-act-2011/documents"}}