{"id":"nsw:sl-2014-0753","name":"Lobbying of Government Officials (Lobbyists Code of Conduct) Regulation 2014","slug":"lobbying-of-government-officials-lobbyists-code-of-conduct-regulation-2014","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"753 of 2014","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177802,"registerId":"nsw-nsw:sl-2014-0753-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Lobbying of Government Officials (Lobbyists Code of Conduct) Regulation 2014](/view/html/inforce/current/sl-2014-0753).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on the day on which Schedule 3 to the [Electoral and Lobbying Legislation Amendment (Electoral Commission) Act 2014](/view/html/repealed/current/act-2014-030) commences and is required to be published on the NSW legislation website.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definition","content":"#### 3 Definition\n\n3 Definition\n\n> In this Regulation:\n> \n> the Act means the [Lobbying of Government Officials Act 2011](/view/html/inforce/current/act-2011-005).","sortOrder":2},{"sectionNumber":"3A","sectionType":"section","heading":"Persons excluded from definition of “third-party lobbyist”","content":"#### 3A Persons excluded from definition of “third-party lobbyist”\n\n3A Persons excluded from definition of “third-party lobbyist”\n\n> > (1) For the purposes of paragraph (b) of the definition of third-party lobbyist in section 3 (1) of the Act, a person is excluded from the definition if:\n> > \n> > > (a) the person is a member of a profession (such as an Australian legal practitioner, medical practitioner or qualified accountant), and\n> > \n> > > (b) the lobbying by the person is incidental to the provision of professional services to a client in the course of the person’s work.\n> \n> > (2) In this clause, qualified accountant means:\n> > \n> > > (a) a Certified Practising Accountant member of CPA Australia, New South Wales Division, or\n> > \n> > > (b) a member of Chartered Accountants Australia and New Zealand, New South Wales Branch, who holds a Certificate of Public Practice issued by that organisation, or\n> > \n> > > (c) a member of the Institute of Public Accountants who holds a Professional Practice Certificate issued by that Institute.\n> \n> **cl 3A:** Ins 2018 (367), Sch 1 \\[1\\].","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Prescription of NSW Lobbyists Code of Conduct","content":"#### 4 Prescription of NSW Lobbyists Code of Conduct\n\n4 Prescription of NSW Lobbyists Code of Conduct\n\n> The code of conduct set out in Schedule 1 is prescribed under Part 2 of the Act as the code of conduct for third-party and other lobbyists.","sortOrder":4},{"sectionNumber":"4A","sectionType":"section","heading":"Information in the Lobbyists Register: persons having a management, financial or other interest in third-party lobbyists","content":"#### 4A Information in the Lobbyists Register: persons having a management, financial or other interest in third-party lobbyists\n\n4A Information in the Lobbyists Register: persons having a management, financial or other interest in third-party lobbyists\n\n> For the purposes of section 10 (1) (c) of the Act, a director, secretary or other person who holds an executive position with a registered third-party lobbyist is prescribed as having a management, financial or other interest in the lobbyist.\n> \n> **cl 4A:** Ins 2018 (367), Sch 1 \\[2\\].","sortOrder":5},{"sectionNumber":"4B","sectionType":"section","heading":"Information in Lobbyists Register: section 10 (1) (e) of Act","content":"#### 4B Information in Lobbyists Register: section 10 (1) (e) of Act\n\n4B Information in Lobbyists Register: section 10 (1) (e) of Act\n\n> > (1) For the purposes of section 10 (1) (e) of the Act, the following information is prescribed in relation to a registered third-party lobbyist whose business consists of or includes lobbying for foreign principals:\n> > \n> > > (a) the name of each individual or body that is a foreign principal who has retained the lobbyist to provide, or for whom the lobbyist has provided, lobbying services (whether paid or unpaid),\n> > \n> > > (b) the foreign country in respect of which each of these individuals or bodies is a foreign principal.\n> \n> > (2) In this clause:\n> > \n> > foreign country and foreign principal have the same meanings as in the [Foreign Influence Transparency Scheme Act 2018](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> **cl 4B:** Ins 2019 (188), Sch 1 \\[1\\].","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Update of Lobbyists Register by third-party lobbyists","content":"#### 5 Update of Lobbyists Register by third-party lobbyists\n\n5 Update of Lobbyists Register by third-party lobbyists\n\n> > (1) For the purposes of section 10 (2) of the Act, a registered third-party lobbyist is required to update the information in the Lobbyists Register within 10 business days after a change occurs to that information.\n> \n> > (2) Registered third-party lobbyists are also required to provide to the Electoral Commission, on 31 January, 31 May and 30 September each year in a form approved by the Electoral Commission, confirmation that the information in the Lobbyists Register relating to them is up-to-date and such other information relating to them and their registration as is set out in the approved form. The approved form may require the disclosure of information of a kind that may be required to be disclosed in an application for registration as a third-party lobbyist.\n> \n> Note.\n> \n> Section 11 (2) of the Act enables the Electoral Commission to require information submitted to the Electoral Commission to be verified by statutory declaration.","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Period for which information publicly retained on Lobbyists Register","content":"#### 6 Period for which information publicly retained on Lobbyists Register\n\n6 Period for which information publicly retained on Lobbyists Register\n\n> For the purposes of section 10 (6) of the Act, information relating to a third-party lobbyist is to be retained in the Lobbyists Register until at least the end of the period of 2 years after the person ceased to be a registered third-party lobbyist.","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Additional grounds for cancellation or suspension of registration","content":"#### 7 Additional grounds for cancellation or suspension of registration\n\n7 Additional grounds for cancellation or suspension of registration\n\n> > (1) 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 the lobbyist (or an individual so engaged) contravened the former Lobbyist Code before the commencement of this Regulation.\n> \n> > (2) This clause does not apply to a contravention of the former Lobbyist Code if, before that commencement, the Secretary had considered the contravention and determined whether or not to take action in relation to the registration of the lobbyist or individual on the former Register of Lobbyists.\n> \n> > (3) In this clause:\n> > \n> > former Lobbyist Code means the NSW Government Lobbyist Code of Conduct administered by the Secretary immediately before the commencement of this Regulation.\n> > \n> > former Register of Lobbyists means the Register of Lobbyists kept by the Secretary immediately before the commencement of this Regulation.\n> > \n> > Secretary means the Secretary of the Department of Premier and Cabinet.\n> \n> **cl 7:** Ins 2014 (771), cl 3.","sortOrder":9},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"NSW Lobbyists Code of Conduct","content":"# Schedule 1 NSW Lobbyists Code of Conduct\n\nSchedule 1 NSW Lobbyists Code of Conduct\n\n**sch 1:** Am 2018 (367), Sch 1 \\[3\\] \\[4\\]; 2019 (188), Sch 1 \\[2\\] \\[3\\].","sortOrder":10},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":11},{"sectionNumber":"Part 2","sectionType":"part","heading":"Ethical standards of conduct applying to all lobbyists","content":"# Part 2 Ethical standards of conduct applying to all lobbyists\n\nPart 2 Ethical standards of conduct applying to all lobbyists","sortOrder":16},{"sectionNumber":"8","sectionType":"section","heading":"Lobbyists to provide true and accurate information","content":"#### 8 Lobbyists to provide true and accurate information\n\n8 Lobbyists to provide true and accurate information\n\n> Lobbyists must use all reasonable endeavours to satisfy themselves of the truth and accuracy of all material information that they provide in connection with a meeting or other communication for the purpose of lobbying NSW Government officials.","sortOrder":20},{"sectionNumber":"Part 3","sectionType":"part","heading":"Third-party lobbyists—additional standards and requirements","content":"# Part 3 Third-party lobbyists—additional standards and requirements\n\nPart 3 Third-party lobbyists—additional standards and requirements","sortOrder":21},{"sectionNumber":"9","sectionType":"section","heading":"Third-party lobbyists required to be registered","content":"#### 9 Third-party lobbyists required to be registered\n\n9 Third-party lobbyists required to be registered\n\n> Third-party lobbyists must not meet or otherwise communicate with NSW Government officials for the purpose of lobbying unless:\n> \n> > (a) they are registered on the Register of Third-Party Lobbyists, and\n> \n> > (b) any individuals they engage to undertake the lobbying for them are registered on the Register, and\n> \n> > (c) they have provided all other information required to be included in the Register in connection with their lobbying business.\n> \n> Note.\n> \n> Conduct obligations that apply to Ministers and other NSW Government officials include an obligation not to permit lobbying of them by unregistered third-party lobbyists, and restrictions on meetings at which they are lobbied by lobbyists on the Lobbyists Watch List.","sortOrder":22},{"sectionNumber":"9A","sectionType":"section","heading":"Third-party lobbyists required to appoint responsible officer","content":"#### 9A Third-party lobbyists required to appoint responsible officer\n\n9A Third-party lobbyists required to appoint responsible officer\n\n> Third-party lobbyists must:\n> \n> > (a) appoint, in the manner and form approved by the Electoral Commission, a person having a management, financial or other interest in the lobbyist as the officer of the lobbyist responsible for compliance with its obligations under the [Lobbying of Government Officials Act 2011](/view/html/inforce/current/act-2011-005) and this Code, and\n> \n> > (b) give the Electoral Commission a copy of any such appointment, and\n> \n> > (c) ensure that the officer annually undertakes and completes the online training approved by the Electoral Commission for the purposes of this clause.\n> \n> Note.\n> \n> Section 9 (7) (a) of the [Lobbying of Government Officials Act 2011](/view/html/inforce/current/act-2011-005) provides that 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 the lobbyist (or an individual so engaged) contravenes this Code.","sortOrder":23},{"sectionNumber":"10","sectionType":"section","heading":"Lobbyists to disclose if they are third-party lobbyists and identity of their clients","content":"#### 10 Lobbyists to disclose if they are third-party lobbyists and identity of their clients\n\n10 Lobbyists to disclose if they are third-party lobbyists and identity of their clients\n\n> > (1) Third-party lobbyists must disclose to NSW Government officials they lobby:\n> > \n> > > (a) that they are third-party lobbyists, and\n> > \n> > > (b) the names of any individuals they have engaged to undertake the lobbying, and\n> > \n> > > (c) the name of the individual or body whose interests the lobbyist is representing, and\n> > \n> > > (d) if the individual or body whose interests the lobbyist is representing is a foreign principal:\n> > > \n> > > > (i) that the individual or body is a foreign principal, and\n> > > \n> > > > (ii) the foreign country in respect of which the individual or body is a foreign principal.\n> \n> > (2) The information is to be disclosed before any meeting is held, or other communication made, for the purpose of the lobbying.","sortOrder":24},{"sectionNumber":"11","sectionType":"section","heading":"Third-party lobbyists not to lobby on matters related to Government board or committee of which they are members","content":"#### 11 Third-party lobbyists not to lobby on matters related to Government board or committee of which they are members\n\n11 Third-party lobbyists not to lobby on matters related to Government board or committee of which they are members\n\n> Third-party lobbyists must not lobby on a matter that relates to the functions of a NSW Government board or committee of which they (or the individuals they engage to undertake the lobbying for them) are members.","sortOrder":25},{"sectionNumber":"12","sectionType":"section","heading":"Third-party lobbyists not to exaggerate or misrepresent their access to political parties or Government","content":"#### 12 Third-party lobbyists not to exaggerate or misrepresent their access to political parties or Government\n\n12 Third-party lobbyists not to exaggerate or misrepresent their access to political parties or Government\n\n> Third-party lobbyists (and the individuals they engage to undertake the lobbying for them) must not make exaggerated or misleading claims to their clients about the nature or extent of their access to political parties, the Government or Government agencies or to persons associated with them.","sortOrder":26},{"sectionNumber":"13","sectionType":"section","heading":"Third-party lobbyists to keep party political involvement separate from lobbying activities","content":"#### 13 Third-party lobbyists to keep party political involvement separate from lobbying activities\n\n13 Third-party lobbyists to keep party political involvement separate from lobbying activities\n\n> Third-party lobbyists (and the individuals they engage to undertake the lobbying for them) must keep separate from their lobbying activities any personal activity or involvement on behalf of a political party.","sortOrder":27},{"sectionNumber":"14","sectionType":"section","heading":"Prohibition on success fees for third-party lobbyists","content":"#### 14 Prohibition on success fees for third-party lobbyists\n\n14 Prohibition on success fees for third-party lobbyists\n\n> Third-party lobbyists are, by the [Lobbying of Government Officials Act 2011](/view/html/inforce/current/act-2011-005), prohibited from receiving or agreeing to receive (or agreeing that other persons are to receive) success fees for the lobbying of NSW Government officials.","sortOrder":28},{"sectionNumber":"Part 4","sectionType":"part","heading":"Definitions","content":"# Part 4 Definitions\n\nPart 4 Definitions","sortOrder":29},{"sectionNumber":"15","sectionType":"section","heading":"Meaning of words used in this Code","content":"#### 15 Meaning of words used in this Code\n\n15 Meaning of words used in this Code\n\n> In this Code:\n> \n> communicate includes communicate in person, in writing, by telephone or by email or other electronic means.\n> \n> foreign country and foreign principal have the same meanings as in the [Foreign Influence Transparency Scheme Act 2018](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> Note.\n> \n> The current version of the Commonwealth Act is available on the Federal Register of Legislation at www.legislation.gov.au.\n> \n> lobbyist means:\n> \n> > (a) a third-party lobbyist, or\n> \n> > (b) any other individual or body that lobbies NSW Government officials (including an individual engaged to undertake lobbying for a third-party lobbyist).\n> \n> meeting with a NSW Government official, means a meeting held in person with the official or by means of a teleconference.\n> \n> NSW Government official means any of the following:\n> \n> > (a) a NSW Minister or Parliamentary Secretary,\n> \n> > (b) a staff member of a NSW Minister or Parliamentary Secretary (including a staff member in an electorate office),\n> \n> > (c) the head of a NSW 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 NSW statutory body,\n> \n> but does not include a local government official.\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> Register of Third-Party Lobbyists means the Register of Third-Party Lobbyists established under the [Lobbying of Government Officials Act 2011](/view/html/inforce/current/act-2011-005), and (until a register is so established) means the Register of Third-Party Lobbyists kept by the Secretary of the Department of Premier and Cabinet.\n> \n> Note.\n> \n> Persons registered on the Register of Third-Party Lobbyists kept by the Secretary of the Department of Premier and Cabinet before the commencement of this Regulation are taken to be registered on the Register to be kept by the Electoral Commission under the Act. Officers of registered political parties are not eligible to be registered on the Register of Third-Party Lobbyists.\n> \n> third-party lobbyist means an individual or body carrying on the business (generally for money or other valuable consideration) of lobbying NSW Government officials on behalf of another individual or body.","sortOrder":30}],"analysis":{"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"},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available metadata, the regulation appears to have remained consistent with its original intent of regulating lobbyist conduct in NSW. The amendments over time (2014, 2018, 2019) appear to be incremental updates rather than fundamental expansions or reductions in scope. No evidence of scope creep or narrowing is apparent from the information available."},"complexity_factors":["Operates within a broader regulatory framework requiring cross-reference to the parent Act (Lobbying of Government Officials Act) to fully understand obligations","Interacts with the Subordinate Legislation Act 1989 (automatic repeal/sunset provisions)","Multiple versions over time (4 point-in-time versions) requiring attention to which version applies to a given situation","Definitions of key terms like 'lobbyist' and 'government official' likely carry significant weight and require careful reading","Cooling-off period provisions (if present) involve time-based calculations and role classifications","Only metadata was available for analysis — actual substantive provisions could not be assessed, which limits certainty about true complexity"],"plain_english_summary":"This NSW regulation establishes a code of conduct for professional lobbyists who communicate with ministers, ministerial staff and senior public servants, requiring honesty, transparency, avoidance of conflicts and limits on former officials — aiming to protect integrity and public confidence in government decision‑making. It took effect 1 July 2019 and is scheduled for automatic repeal on 1 September 2026. Only metadata, not the full text, was available."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 2014 Regulation established basic registration and conduct rules. However, amendments in 2018 and 2019 significantly expanded the scope: (1) 2018 amendments added responsible officer requirements, mandatory training, and enhanced disclosure of management interests; (2) 2019 amendments introduced foreign influence transparency requirements linked to the Commonwealth Foreign Influence Transparency Scheme, requiring disclosure of foreign principals and their countries. The Regulation has grown from a domestic conduct code to a tool for counter-foreign influence."},"complexity_factors":["Moderate cross-referencing to the Lobbying of Government Officials Act 2011 and Commonwealth Foreign Influence Transparency Scheme Act 2018","Multiple defined terms (15+ definitions in Schedule 1 alone, plus terms in main Regulation)","Nested exceptions and carve-outs (e.g., clause 3A excludes certain professionals; clause 4(3) excludes MPs and officials acting in ordinary duties)","Conditional requirements with multiple limbs (e.g., clause 9 requires registration PLUS engaged individuals registered PLUS other information provided)","Amendment history tracked through editorial notes indicating multiple changes (2014, 2018, 2019)","Dual application structure — some rules apply to all lobbyists, others only to third-party lobbyists"],"plain_english_summary":"**What this legislation does:**\n\nThis Regulation sets the rules for how people can lobby (try to influence) NSW Government officials. It creates a **Code of Conduct** that all lobbyists must follow and establishes a registration system for professional lobbyists.\n\n**Who it affects:**\n\n- **Third-party lobbyists** — people or companies paid to lobby on behalf of others (like lobbying firms)\n- **In-house lobbyists** — employees who lobby for their own organisation\n- **NSW Government officials** — Ministers, their staff, senior public servants, and others in government\n- **Foreign principals** — overseas governments or entities that hire lobbyists\n\n**Key requirements:**\n\n- **Registration:** Professional lobbyists must register with the NSW Electoral Commission and keep their details up-to-date\n- **Disclosure:** Lobbyists must reveal who they're working for, what they want to discuss, and any financial interests before meeting officials\n- **Foreign influence transparency:** Lobbyists working for foreign governments must disclose this\n- **Ethical rules:** No misleading claims, no success fees (payment only if lobbying succeeds), no exaggerating access to politicians, and no lobbying on matters where the lobbyist sits on a government board\n- **Responsible officers:** Lobbying firms must appoint a compliance officer who completes annual training\n\n**Why it matters:**\n\nThis law aims to make political influence transparent and prevent corruption. It ensures the public can see who is trying to influence government decisions, stops hidden foreign influence, and prevents lobbyists from using misleading tactics or cash-for-access schemes. It also protects professionals (lawyers, doctors, accountants) whose lobbying is just incidental to their main work."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Regulation has been amended to add and narrow obligations since its original drafting: it inserts a professional exclusion from the third‑party lobbyist definition (cl 3A, ins 2018), prescribes persons with management/financial interest for register disclosure (cl 4A, ins 2018), requires disclosure of foreign principals and their countries (cl 4B, ins 2019), mandates a responsible officer and annual online training (cl 9A, ins 2018), and sets explicit update, retention and transitional enforcement rules (cls 5, 6, 7). These insertions expand reporting and compliance duties while also carving out specified professional activity."},"complexity_factors":["Multiple registration, disclosure and update obligations for third‑party lobbyists, including 10 business day updates and three annual confirmations (cl 5).","Appointment, notification and mandatory annual online training for a responsible officer who holds a management, financial or other interest (cl 9A; cl 4A).","Detailed client and foreign principal disclosure requirements, including prescribed foreign‑country identification tied to the Commonwealth Foreign Influence Transparency Scheme Act (cl 10; cl 4B).","Prohibition on success fees combined with conduct standards (honesty, accuracy, no misleading/corrupt conduct) imposes behavioural and commercial constraints (cls 7, 8, 14).","Retention and verification rules: public register entries kept for at least two years post‑registration and may require statutory declaration verification (cl 6; cl 5 note).","Cross‑references to the Lobbying of Government Officials Act 2011 and the Commonwealth Foreign Influence Transparency Scheme Act create dependencies on external definitions and enforcement powers (cl 3; cl 4B; cl 15).","Transitional and enforcement discretions allow cancellation/suspension for contraventions of a former code subject to prior administrative consideration, adding procedural complexity (cl 7).","Definitions and exclusions (eg. professions excluded from 'third‑party lobbyist') narrow scope in specific circumstances and require lookups of membership/certification status (cl 3A; cl 15)."],"plain_english_summary":"This Regulation prescribes the NSW Lobbyists Code of Conduct and sets rules for anyone lobbying NSW Government officials. It requires third‑party lobbyists (and people they engage) to register, disclose clients (including foreign principals), appoint a responsible officer, keep register details current and complete periodic confirmations; it bans success fees and requires truthful, non‑misleading conduct.\n\nIt affects third‑party lobbyists, their clients and NSW Government officials (who must not meet unregistered third‑party lobbyists). The Electoral Commission can suspend or cancel registrations and register entries are retained for at least two years."}},"importantCases":[],"_links":{"self":"/api/acts/lobbying-of-government-officials-lobbyists-code-of-conduct-regulation-2014","history":"/api/acts/lobbying-of-government-officials-lobbyists-code-of-conduct-regulation-2014/history","analysis":"/api/acts/lobbying-of-government-officials-lobbyists-code-of-conduct-regulation-2014/analysis","conflicts":"/api/acts/lobbying-of-government-officials-lobbyists-code-of-conduct-regulation-2014/conflicts","importantCases":"/api/acts/lobbying-of-government-officials-lobbyists-code-of-conduct-regulation-2014/important-cases","documents":"/api/acts/lobbying-of-government-officials-lobbyists-code-of-conduct-regulation-2014/documents"}}