12Activity for the purpose of political or governmental influence

#### 12 Activity for the purpose of political or governmental influence (1) A person undertakes an activity for the purpose of political or governmental influence if the sole or primary purpose, or a substantial purpose, of the activity is to influence one or more of the following: (a) a process in relation to a federal election or a designated vote; (b) a process in relation to a federal government decision; (c) proceedings of a House of the Parliament; (d) a process in relation to a registered political party; (e) a process in relation to a member of the Parliament who is not a member of a registered political party; (f) a process in relation to a candidate in a federal election who is not endorsed by a registered political party; (g) processes in relation to a person or entity registered under the Commonwealth Electoral Act 1918 as a political campaigner. (2) A person also undertakes an activity for the purposes of political or governmental influence if the sole or primary purpose, or a substantial purpose, of the activity is to influence the public, or a section of the public, in relation to a process or proceedings mentioned in subsection (1). Examples of federal government decisions (3) For the purposes of paragraph (1)(b), decisions made by any of the following are examples of federal government decisions: (a) the Executive Council; (b) the Cabinet or a committee of the Cabinet; (c) a Minister or Ministers; (d) a Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013) or a subsidiary of a Commonwealth entity (within the meaning of that Act); (e) a Commonwealth company (within the meaning of the Public Governance, Performance and Accountability Act 2013); (f) an individual in the course of performing his or her functions in relation to a person or body mentioned in an above paragraph. (4) For the purposes of paragraph (1)(b) and subsection (3), a reference to a decision includes a decision of any kind in relation to any matter, including administrative, legislative and policy matters: (a) whether or not the decision is final; and (b) whether or not the decision is a formal decision. Examples of processes in relation to a registered political party (5) For the purposes of paragraph (1)(d), the following are examples of processes in relation to a registered political party: (a) processes relating to the party’s: (i) constitution; or (ii) platform; or (iii) policy on any matter of public concern; or (iv) administrative or financial affairs; or (v) membership; or (vi) relationships with foreign principals; (b) the conduct of the party’s campaign in relation to a federal election or a designated vote; (c) the selection or endorsement of the party’s candidates in relation to a federal election; (d) the allocation of the party’s preferences in relation to a federal election; (e) the selection (however done) of officers of the party’s executive or delegates to party conferences; (f) the election of a person to be the leader of the party in the Parliament of the Commonwealth; (g) the selection (however done) of persons to be: (i) Ministers; or (ii) shadow Ministers or party spokespersons (however described) in relation to the Commonwealth. Examples of processes in relation to independent members of Parliament and candidates (6) For the purposes of paragraphs (1)(e) and (f), the following are examples of processes in relation to a person mentioned in those paragraphs: (a) processes relating to the person’s: (i) platform; or (ii) policy on any matter of public concern; or (iii) administrative or financial affairs in his or her capacity as a member of the Parliament or candidate in a federal election; or (iv) relationships with foreign principals; (b) the conduct of the person’s campaign in relation to a federal election or designated vote; (c) the allocation of the person’s preferences in relation to a federal election. Examples of processes in relation to registered political campaigner (7) For the purposes of paragraph (1)(g), the following are examples of processes in relation to a person or entity registered under the Commonwealth Electoral Act 1918 as a political campaigner: (a) processes in relation to the campaigner’s: (i) constitution; or (ii) platform; or (iii) policy on any matter of public concern; or (iv) administrative or financial affairs (in his or her capacity as a campaigner, if the campaigner is an individual); or (v) membership; or (vi) relationships with foreign principals; (b) the conduct of the campaigner’s campaign in relation to a federal election or designated vote; (c) the selection (however done) of officers of the campaigner’s executive or delegates to its conferences; (d) the selection (however done) of the campaigner’s leader and any spokespersons for the campaigner.