Core concepts

sec.9 Meaning of ethics or integrity issue

An ethics or integrity issue is an issue concerning ethics or integrity and includes a conflict of interest issue. Also, only for a request by the Premier under part 2 , an ethics or integrity issue includes standard setting for ethics or integrity issues. (sec.9-ssec.1) An ethics or integrity issue is an issue concerning ethics or integrity and includes a conflict of interest issue. (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.

sec.10 Meaning of conflict of interest issue and references to interest or conflict of interest

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. 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. s 10 amd 2013 No. 39 s 110 (1) sch 3 pt 1 (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. (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.

sec.11 Meaning of interests issues

Interests 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 . s 11 amd 2010 No. 37 s 33

sec.12 Meaning of designated person

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. A nomination under subsection (1) (e) or (fa) must be by signed notice given to the integrity commissioner. A nomination under subsection (1) (fa) ends 28 days after the start of the nomination. 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. s 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 (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. (sec.12-ssec.2) A nomination under subsection (1) (e) or (fa) must be by signed notice given to the integrity commissioner. (sec.12-ssec.2A) A nomination under subsection (1) (fa) ends 28 days after the start of the nomination. (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.

• (a) a member of the Legislative Assembly;
• (b) a statutory office holder;
• (c) a chief executive of a public service entity;
• (d) a senior executive;
• (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;
• (f) a ministerial staff member who performs the role of chief of staff (however called) in the office of a Minister;
• (fa) a person, or a person within a class of persons, nominated by the Premier;
• (g) a person, or a person within a class of persons, prescribed by regulation.

sec.12A Meaning of ministerial advisor

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. However, a person who is a designated person is not a ministerial advisor . s 12A ins 2022 No. 33 s 35 (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. (sec.12A-ssec.2) However, a person who is a designated person is not a ministerial advisor .

• (a) a ministerial staff member who gives, or a person engaged to give, advice to a Minister; or
• (b) an assistant minister staff member who gives, or a person engaged to give, advice to an Assistant Minister.

sec.13 Meaning of information

Information , in this chapter, includes a document.

Advice for designated persons on ethics or integrity issues

Preliminary

sec.14 Application of pt 2

This part does not apply in relation to advice for a member of the Legislative Assembly on interests issues. Part 3 applies in relation to advice for a member on interests issues.

sec.15 Request for advice

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. 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 . 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. The advisee must disclose to the integrity commissioner all information relevant to the ethics or integrity issue. The integrity commissioner may ask the advisee for further information for the purpose of giving the advice on the ethics or integrity issue. 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. s 15 amd 2010 No. 37 s 34 ; 2019 No. 9 s 50 ; 2022 No. 33 s 37 ; 2024 No. 3 s 31 (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. (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 . (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. (sec.15-ssec.4) The advisee must disclose to the integrity commissioner all information relevant to the ethics or integrity issue. (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. (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.

Requests about designated persons

sec.16 Request by Premier

The Premier may ask for the integrity commissioner’s advice on— an ethics or integrity issue involving any person who is, or has been, a designated person other than a non-government member; or standard setting for ethics or integrity issues. s 16 amd 2010 No. 37 s 35

• (a) an ethics or integrity issue involving any person who is, or has been, a designated person other than a non-government member; or
• (b) standard setting for ethics or integrity issues.

sec.17 Request by Minister

A 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— a statutory office holder whose office is established under an Act administered by the Minister; or the chief executive of a public service entity administered by the Minister or a senior executive employed in the public service entity; or 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 mentioned in section 12 (1) (f) ; or a designated person under section 12 (1) (g) . s 17 amd 2022 No. 34 s 365 sch 3 ; 2022 No. 33 s 39 ; 2024 No. 3 s 32

• (a) a statutory office holder whose office is established under an Act administered by the Minister; or
• (b) the chief executive of a public service entity administered by the Minister or a senior executive employed in the public service entity; or
• (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
• (d) mentioned in section 12 (1) (f) ; or
• (e) a designated person under section 12 (1) (g) .

Section sec.18

s 18 amd 2012 No. 6 s 27 sch amdts 1(1)(b), (2), 3 om 2022 No. 33 s 40

sec.19 Request by Leader of the Opposition

The 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.

sec.20 Request by chief executive

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. 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. s 20 amd 2022 No. 34 s 365 sch 3 ; 2024 No. 3 s 33 (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. (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.

• (a) nominated by the Minister under section 12 (1) (e) ; and
• (b) employed in the entity managed by the chief executive.

Requests about other persons

sec.20A Request by former designated person

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. 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 . s 20A ins 2019 No. 9 s 51 amd 2024 No. 3 s 73 sch 1 (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. (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 .

• (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
• (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
• (b) an obligation applying to the person under section 62 .
• (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

sec.20B Request by Minister about ministerial advisor

A 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. s 20B ins 2022 No. 33 s 42

sec.20C Request by Assistant Minister about ministerial advisor

An 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. s 20C ins 2022 No. 33 s 42

sec.20CA Request by chief of staff about ministerial adviser

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. 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) . s 20CA ins 2024 No. 3 s 33A (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. (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) .

sec.20D Request by former ministerial advisor

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. 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. 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 . s 20D ins 2022 No. 33 s 42 amd 2024 No. 3 ss 33B , 73 sch 1 (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. (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. (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 .

• (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
• (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
• (b) an obligation applying to the person under section 62 .
• (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

Advice

sec.21 Advice

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. The integrity commissioner must give the advice in writing. 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. 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. s 21 amd 2010 No. 37 s 36 ; 2019 No. 9 s 52 ; 2022 No. 33 s 43 (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. (sec.21-ssec.2) The integrity commissioner must give the advice in writing. (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. (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.

• (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
• (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
• (b) may have regard to other ethical standards the integrity commissioner considers appropriate.
• (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
• (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
• (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
• (b) gives the advisee written reasons for refusing to give the advice.
• (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

Meeting with and advice for members of Legislative Assembly on interests issues

sec.22 Meeting

A member of the Legislative Assembly may request a meeting with the integrity commissioner on interests issues for the member. The member must disclose to the integrity commissioner all information relevant to the interests issues. 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. (sec.22-ssec.1) A member of the Legislative Assembly may request a meeting with the integrity commissioner on interests issues for the member. (sec.22-ssec.2) The member must disclose to the integrity commissioner all information relevant to the interests issues. (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.

sec.23 Advice

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. The integrity commissioner may give the advice orally or in writing. 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. 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. s 23 amd 2010 No. 37 s 37 (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. (sec.23-ssec.2) The integrity commissioner may give the advice orally or in writing. (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. (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.

• (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
• (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
• (b) may have regard to other ethical standards the integrity commissioner considers appropriate.
• (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
• (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
• (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
• (b) gives the member written reasons for refusing to give the advice.
• (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

Confidentiality and protection

Secrecy

sec.24 Secrecy

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. 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. 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. (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. (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. (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.

• (a) in the performance of his or her functions under this chapter; or
• (b) authorised under this or another Act.

Authorised disclosures—ethics or integrity issue

sec.25 Definitions for division

In this division— designated person to whom a relevant document relates ... s 25 def designated person to whom a relevant document relates om 2022 No. 33 s 44 (1) person 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. s 25 def person to whom a relevant document relates ins 2022 No. 33 s 44 (2) relevant document , for an ethics or integrity issue, means each of the following documents— the request under section 15 for advice on the ethics or integrity issue; any information given to the integrity commissioner under section 15 (5) ; any further information requested by the integrity commissioner under section 15 (6) and given to the integrity commissioner; any written advice given by the integrity commissioner on the ethics or integrity issue; any written reasons of the integrity commissioner for refusing to give the advice. s 25 def relevant document amd 2024 No. 3 s 73 sch 1 s 25 amd 2019 No. 9 s 53

• (a) the request under section 15 for advice on the ethics or integrity issue;
• (b) any information given to the integrity commissioner under section 15 (5) ;
• (c) any further information requested by the integrity commissioner under section 15 (6) and given to the integrity commissioner;
• (d) any written advice given by the integrity commissioner on the ethics or integrity issue;
• (e) any written reasons of the integrity commissioner for refusing to give the advice.

sec.26 Disclosure

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. A relevant document for the ethics or integrity issue may be disclosed under this division. 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 . s 26 amd 2019 No. 9 s 54 ; 2022 No. 33 s 45 (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. (sec.26-ssec.2) A relevant document for the ethics or integrity issue may be disclosed under this division. (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 .

sec.27 Disclosure by person to whom a relevant document relates

A person to whom a relevant document relates may disclose the document. s 27 amd 2022 No. 33 s 46

sec.28 Disclosure to person to whom a relevant document relates

The integrity commissioner may disclose a relevant document to the person to whom the relevant document relates. s 28 amd 2022 No. 33 s 47

sec.29 Disclosure to Premier

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. 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. s 29 amd 2010 No. 37 s 38 ; 2024 No. 3 s 34 (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. (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.

• (a) the Premier asks for a copy of the document; or
• (b) the integrity commissioner reasonably believes the designated person has an actual or perceived, and significant, ethics or integrity issue.
• (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
• (b) the designated person fails to resolve the issue to the integrity commissioner’s satisfaction within 5 business days after being given the advice.

sec.30 Disclosure to Minister

The 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— the Minister asks for a copy of the document; and the person is a person about whom the Minister may request advice under section 17 or 20B . s 30 amd 2022 No. 33 s 48 ; 2024 No. 3 s 35

• (a) the Minister asks for a copy of the document; and
• (b) the person is a person about whom the Minister may request advice under section 17 or 20B .

sec.32 Disclosure to Leader of the Opposition

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. 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. s 32 amd 2010 No. 37 s 39 (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. (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.

• (a) the Leader of the Opposition asks for a copy of the document; or
• (b) the integrity commissioner reasonably believes the person has an actual or perceived, and significant, ethics or integrity issue.
• (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
• (b) the designated person fails to resolve the issue to the integrity commissioner’s satisfaction within 5 business days after being given the advice.

sec.33 Disclosure to chief executive officer

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. 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. 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. s 33 amd 2010 No. 37 s 40 ; 2022 No. 34 s 365 sch 3 (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. (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. (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.

• (a) the designated person is a person about whom the chief executive may request advice under section 20 (1) ; and
• (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.
• (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.
• (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.
• (a) the designated person is a person about whom the chief executive may request advice under section 20 (2) ; and
• (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.
• (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.
• (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.
• (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
• (b) the designated person fails to resolve the issue to the integrity commissioner’s satisfaction within 5 business days after being given the advice.

sec.33A Disclosure to Assistant Minister

The 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— the Assistant Minister asks for a copy of the document; and the person is a person about whom the Assistant Minister may request advice under section 20C . s 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) renum and reloc 2022 No. 33 s 49 (3)

• (a) the Assistant Minister asks for a copy of the document; and
• (b) the person is a person about whom the Assistant Minister may request advice under section 20C .

Authorised disclosures—interests issues

sec.34 Definitions for division

In this division— member to whom a relevant document relates means the member of the Legislative Assembly involved in interests issues and to whom the relevant document relates. s 34 def member to whom a relevant document relates amd 2010 No. 37 s 41 relevant document , for interests issues, means each of the following documents— the request under section 22 for a meeting with the integrity commissioner on the interests issues; any information given to the integrity commissioner under section 22 (2) ; any further information requested by the integrity commissioner under section 22 (3) and given to the integrity commissioner; any written advice given by the integrity commissioner on the interests issues; any written reasons of the integrity commissioner for refusing to give the advice.

• (a) the request under section 22 for a meeting with the integrity commissioner on the interests issues;
• (b) any information given to the integrity commissioner under section 22 (2) ;
• (c) any further information requested by the integrity commissioner under section 22 (3) and given to the integrity commissioner;
• (d) any written advice given by the integrity commissioner on the interests issues;
• (e) any written reasons of the integrity commissioner for refusing to give the advice.

sec.35 Disclosure

This section applies in relation to interests issues of a member of the Legislative Assembly. A relevant document for interests issues may be disclosed under this division. (sec.35-ssec.1) This section applies in relation to interests issues of a member of the Legislative Assembly. (sec.35-ssec.2) A relevant document for interests issues may be disclosed under this division.

sec.36 Disclosure by member to whom a relevant document relates

A person who is or has been the member to whom a relevant document relates may disclose the document. s 36 amd 2010 No. 37 s 42

sec.37 Disclosure to member to whom a relevant document relates

The integrity commissioner may disclose a relevant document to the person who is or has been the member to whom the relevant document relates.

sec.38 Disclosure to Premier

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. 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. s 38 amd 2010 No. 37 s 43 (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. (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.

• (a) the Premier asks for a copy of the document; or
• (b) the integrity commissioner reasonably believes the member has an actual or perceived, and significant, interests issue.
• (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
• (b) the member fails to resolve the interests issue to the integrity commissioner’s satisfaction within 5 business days after being given the advice.

sec.39 Disclosure to Leader of the Opposition

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. 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. s 39 amd 2010 No. 37 s 44 (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. (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.

• (a) the Leader of the Opposition asks for a copy of the document; or
• (b) the integrity commissioner reasonably believes the member has an actual or perceived, and significant, interests issue.
• (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
• (b) the member fails to resolve the interests issue to the integrity commissioner’s satisfaction within 5 business days after being given the advice.

Protection

sec.40 Limited protection for acting on conflict of interest advice

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. 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. 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. (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. (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. (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.

• (a) asks under section 15 for the integrity commissioner’s advice on a conflict of interest issue involving the designated person; and
• (b) discloses all relevant information in relation to the issue to the integrity commissioner when seeking the advice; and
• (c) does an act to resolve the conflict substantially in accordance with the integrity commissioner’s advice on the issue.

Ministers

sec.40A Conflicts of interest

This section applies if a Minister has an interest that conflicts or may conflict with the discharge of the Minister’s responsibilities. 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. 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. s 40A ins 2020 No. 20 s 62 (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. (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. (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.

• (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
• (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
• (c) otherwise—Cabinet or, for a Minister other than the Premier, Cabinet or the Premier.

sec.40B Proceeding for offence against s 40A

An offence against section 40A is a misdemeanour. A proceeding for an offence against section 40A may be started only with the written consent of the director of public prosecutions. 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. 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) . 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. 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. In this section— director of public prosecutions means the Director of Public Prosecutions appointed under the Director of Public Prosecutions Act 1984 . s 40B ins 2020 No. 20 s 62 (sec.40B-ssec.1) An offence against section 40A is a misdemeanour. (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. (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. (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) . (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. (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. (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 .

• (a) by way of summary proceeding under the Justices Act 1886 ; or
• (b) on indictment.
• (a) the court must stop treating the proceeding as a proceeding to hear and decide the charge summarily; and
• (b) the proceeding for the charge must be conducted as a committal proceeding; and
• (c) a plea of the defendant at the start of the hearing must be disregarded; and
• (d) the evidence already heard by the court is taken to be evidence in the committal proceeding; and
• (e) the Justices Act 1886 , section 104 must be complied with for the committal proceeding.
• (a) must be constituted by a magistrate; and
• (b) has jurisdiction despite the time that has elapsed from the time when the matter of complaint of the charge arose.

sec.40C Use of information for investigation or prosecution

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 . 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. Subsection (2) applies despite— section 24 ; and any other law, rule or practice to the contrary. s 40C ins 2020 No. 20 s 62 (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 . (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. (sec.40C-ssec.3) Subsection (2) applies despite— section 24 ; and any other law, rule or practice to the contrary.

• (a) information given in a request for advice under chapter 3 , part 2 ; and
• (b) information given in a meeting under chapter 3 , part 3 .
• (a) recorded, used and disclosed for the purpose of the investigation or prosecution of an offence against section 40A ; and
• (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.
• (a) section 24 ; and
• (b) any other law, rule or practice to the contrary.

Statutory office holders

sec.40D Definition for part

In this part— relevant Minister means the Minister administering the Act under which a statutory office holder is appointed. s 40D (prev s 72B) ins 2010 No. 37 s 59 amd 2020 No. 20 s 64 reloc and renum 2020 No. 20 s 65

sec.40E Declaration of interests

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 . 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. The statement must include the information required under the Public Sector Act 2022 , section 182 (3) . 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) . The holder must give the relevant Minister a revised version of the statement. 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) . s 40E (prev s 72C) ins 2010 No. 37 s 59 amd 2013 No. 39 s 110 (1) s ch 3 pt 1 reloc and renum 2020 No. 20 s 65 amd 2022 No. 33 s 50 (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 . (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. (sec.40E-ssec.3) The statement must include the information required under the Public Sector Act 2022 , section 182 (3) . (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) . (sec.40E-ssec.5) The holder must give the relevant Minister a revised version of the statement. (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) .

• (a) a statutory office holder mentioned in schedule 1 ;
• (b) another statutory office holder prescribed under a regulation.
• (a) a change to the holder’s interests happens after the giving of the statement; and
• (b) the change is of a type mentioned in the Public Sector Act 2022 , section 182 (4) (b) .
• (a) be given as soon as possible after the relevant facts about the change come to the holder’s knowledge; and
• (b) comply with subsection (3) .

sec.40F Conflicts of interest

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. 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. s 40F (prev s 72D) ins 2010 No. 37 s 59 reloc and renum 2020 No. 20 s 65 (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. (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.

• (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
• (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.

Preliminary

sec.41 Definitions for chapter

In this chapter— approved training course means a course approved by the integrity commissioner under section 56 . communicate means communicate by any means, including, for example— in writing; and by meeting in person; and by post, telephone, email, instant messaging or another form of electronic communication. councillor means a councillor of a local government under the City of Brisbane Act 2010 or the Local Government Act 2009 . election means an election of a member or members of the Legislative Assembly. employee , of an entity, includes a person contracted or otherwise engaged by the entity. former Opposition representative see section 60 . former representative see section 61 . former senior government representative see section 59 . government representative see section 44 . listed person , for an entity, means an officer or employee of the entity— who carries out a lobbying activity for the entity; and is registered as a lobbyist under part 3 in that capacity. lobbying activity see section 42 . lobbying register see section 66L (1) . officer , of an entity, means a person who— holds an office, or position of authority, in the entity; or carries out, or has a duty to carry out, the functions of an office of the entity; or has a right to participate in the administration or management of the affairs of the entity. official 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— government or Opposition business or activities; negotiations, briefings, contracts and the making or receipt of representations relating to government or Opposition business or activities. Opposition representative see section 45 . public sector officer means a person who is an officer or employee of any of the following entities— a public sector entity under the Public Sector Act 2022 , section 8 ; a local government; a corporate entity under the Local Government Act 2009 ; the parliamentary service; a government owned corporation; a rail government entity under the Transport Infrastructure Act 1994 ; an entity, prescribed by regulation, that is assisted by public funds. recorded 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. registered lobbyist means an entity recorded in the lobbying register as a registered lobbyist. registered lobbyists code of conduct see section 55 . representative means— a government representative; or an Opposition representative. substantial role , in the election campaign of a political party— means a role at a senior level, whether paid or unpaid that— involves employment or engagement by the party; and incorporates significant involvement in the party’s election strategy or policy development; and does not include any of the following— general membership of the party; volunteering for, or advising, a particular candidate; door knocking, placing documents in letter boxes or other campaign communications; media liaison; handing out how to vote material. third 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. s 41 amd 2010 No. 37 s 45 ; 2012 No. 45 s 14 ; 2013 No. 39 s 43 sch 1 sub 2024 No. 3 s 36

• (a) in writing; and
• (b) by meeting in person; and
• (c) by post, telephone, email, instant messaging or another form of electronic communication.
• (a) who carries out a lobbying activity for the entity; and
• (b) is registered as a lobbyist under part 3 in that capacity.
• (a) holds an office, or position of authority, in the entity; or
• (b) carries out, or has a duty to carry out, the functions of an office of the entity; or
• (c) has a right to participate in the administration or management of the affairs of the entity.
• (a) government or Opposition business or activities;
• (b) negotiations, briefings, contracts and the making or receipt of representations relating to government or Opposition business or activities.
• (a) a public sector entity under the Public Sector Act 2022 , section 8 ;
• (b) a local government;
• (c) a corporate entity under the Local Government Act 2009 ;
• (d) the parliamentary service;
• (e) a government owned corporation;
• (f) a rail government entity under the Transport Infrastructure Act 1994 ;
• (g) an entity, prescribed by regulation, that is assisted by public funds.
• (a) a government representative; or
• (b) an Opposition representative.
• (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
• (i) involves employment or engagement by the party; and
• (ii) incorporates significant involvement in the party’s election strategy or policy development; and
• (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.
• (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.
• (i) involves employment or engagement by the party; and
• (ii) incorporates significant involvement in the party’s election strategy or policy development; and
• (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.

sec.42 What is a lobbying activity

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) . This section is subject to section 43 . s 42 amd 2010 No. 37 s 46 ; 2012 No. 45 s 15 ; 2016 No. 27 s 276 sub 2024 No. 3 s 36 (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) . (sec.42-ssec.2) This section is subject to section 43 .

• (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
• (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
• (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) .
• (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) .
• (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
• (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) .

sec.43 What is not a lobbying activity

None of the following activities is a lobbying activity— communicating with a committee of the Legislative Assembly or a local government; 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; responding to a call for submissions; petitioning or campaigning of a grassroots nature; responding to a request for tenders; communicating with a representative in a public forum; responding to a request by a representative for information; communicating with a representative about a non-business or non-commercial matter; communicating with a representative in the ordinary course of making an application, or seeking a review or appeal about a decision, under an Act; participating in an incidental meeting with a representative beyond the control of the representative; 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. communicating with a representative in the ordinary course of providing professional or technical services to a person. 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. s 43 sub 2024 No. 3 s 36

• (a) communicating with a committee of the Legislative Assembly or a local government;
• (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;
• (c) responding to a call for submissions;
• (d) petitioning or campaigning of a grassroots nature;
• (e) responding to a request for tenders;
• (f) communicating with a representative in a public forum;
• (g) responding to a request by a representative for information;
• (h) communicating with a representative about a non-business or non-commercial matter;
• (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;
• (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.
• (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.

sec.44 Who is a government representative

A government representative is any of the following persons— the Premier; a Minister; an Assistant Minister; a councillor; a ministerial staff member; an assistant minister staff member; a public sector officer. s 44 amd 2012 No. 6 s 27 sch amdts 2(1)(c), (2), 5 sub 2024 No. 3 s 36

• (a) the Premier;
• (b) a Minister;
• (c) an Assistant Minister;
• (d) a councillor;
• (e) a ministerial staff member;
• (f) an assistant minister staff member;
• (g) a public sector officer.

sec.45 Who is an Opposition representative

An Opposition representative is any of the following persons— the Leader of the Opposition; the Deputy Leader of the Opposition; an opposition spokesperson; an opposition assistant spokesperson; a staff member in the office of the Leader of the Opposition. s 45 amd 2010 No. 37 s 47 ; 2012 No. 6 s 27 sch amdts 2(1)(c), (2), 5; 2012 No. 45 s 16 sub 2024 No. 3 s 36 amd 2024 No. 41 s 48B

• (a) the Leader of the Opposition;
• (b) the Deputy Leader of the Opposition;
• (c) an opposition spokesperson;
• (d) an opposition assistant spokesperson;
• (e) a staff member in the office of the Leader of the Opposition.

Requirement for registration

sec.46 Lobbying activity by unregistered entity prohibited

An unregistered person must not carry out a lobbying activity for a third party client. Maximum penalty—200 penalty units. 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. 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) . In this section— unregistered person means an entity that is not a registered lobbyist. s 46 sub 2024 No. 3 s 36 (sec.46-ssec.1) An unregistered person must not carry out a lobbying activity for a third party client. Maximum penalty—200 penalty units. (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. (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) . (sec.46-ssec.4) In this section— unregistered person means an entity that is not a registered lobbyist.

sec.47 Particular entities not required to be registered

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) . 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. s 47 amd 2013 No. 19 s 120 sch 1 ; 2022 No. 34 s 365 sch 3 sub 2024 No. 3 s 36 (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) . (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.

• (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
• • a charity
• • a club
• • a society for environmental protection
• (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
• • an industrial organisation under the Industrial Relations Act 2016
• • a professional body, for example, the Queensland Law Society
• (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;
• (d) an officer or employee of an entity mentioned in paragraph (a) , (b) or (c) .
• • a charity
• • a club
• • a society for environmental protection
• • an industrial organisation under the Industrial Relations Act 2016
• • a professional body, for example, the Queensland Law Society
• (a) is not carried on for profit or gain to its individual members; and
• (b) is, under the entity’s constitution, prohibited from making any distribution, whether in money, property or otherwise, to its members.

Section sec.47A

s 47A ins 2012 No. 45 s 17 om 2024 No. 3 s 36

Section sec.47B

s 47B ins 2012 No. 45 s 17 om 2024 No. 3 s 36

Applying for registration

sec.48 Who may apply

An entity (the applicant ) may apply to the integrity commissioner for registration as a lobbyist. 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. s 48 sub 2024 No. 3 s 36 (sec.48-ssec.1) An entity (the applicant ) may apply to the integrity commissioner for registration as a lobbyist. (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.

• (a) the applicant; or
• (b) the applicant and each officer or employee of the applicant who carries out a lobbying activity for the applicant; or
• (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.

sec.49 Disqualification of individual engaged in dual hatting

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. This section also applies to an individual who was a registered lobbyist at any time during the inter-election period. 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) . 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. 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. In this section— general election see the Electoral Act 1992 , schedule 1 . win , a general election, means form government after the election. s 49 amd 2010 No. 37 s 48 ; 2012 No. 45 s 18 sub 2024 No. 3 s 36 (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. (sec.49-ssec.2) This section also applies to an individual who was a registered lobbyist at any time during the inter-election period. (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) . (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. (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. (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.

• (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
• (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
• (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.
• (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
• (a) starts when the individual starts performing the substantial role in the election campaign; and
• (b) ends at the end of the day on which the next general election after the second general election is held.
• (a) starts when the individual starts performing the substantial role in the election campaign; and
• (b) ends at the end of the day on which the second general election is held.

sec.50 Requirements for making application

The application must be made in the approved form. 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. 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. 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. s 50 amd 2024 No. 3 s 46A sub 2024 No. 3 s 36 (sec.50-ssec.1) The application must be made in the approved form. (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. (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. (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.

• (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
• (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
• (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
• (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.
• (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.
• (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
• (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.
• (a) an offence for which the individual has been sentenced to a term of imprisonment of at least 30 months;
• (b) an offence involving fraud or dishonesty for which the individual has been convicted as an adult.
• (a) for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act; and
• (b) that is not revived as prescribed by section 11 of that Act.

sec.51 Deciding application

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. 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 . 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. s 51 sub 2024 No. 3 s 36 (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. (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 . (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.

• (a) if the application is made under section 48 (2) (a) —the applicant; or
• (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.
• (a) the application includes a materially false or misleading representation or declaration;
• (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;
• (i) a provision of this chapter; or
• (ii) the registered lobbyists code of conduct or a directive;
• (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;
• (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.
• (i) a provision of this chapter; or
• (ii) the registered lobbyists code of conduct or a directive;

sec.52 Inquiry about application

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. 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. 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. The information or document under subsection (1) must, if the notice requires, be verified by statutory declaration. s 52 sub 2024 No. 3 s 36 (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. (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. (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. (sec.52-ssec.4) The information or document under subsection (1) must, if the notice requires, be verified by statutory declaration.

• (a) within the reasonable period of at least 5 business days stated in the notice; or
• (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.

sec.53 Conditions

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. Registration of an entity as a lobbyist is also subject to any other condition the integrity commissioner considers appropriate. s 53 sub 2024 No. 3 s 36 (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. (sec.53-ssec.2) Registration of an entity as a lobbyist is also subject to any other condition the integrity commissioner considers appropriate.

• (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
• (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.

Section sec.53A

s 53A ins 2024 No. 3 s 46B om 2024 No. 3 s 36

sec.54 Steps after, and taking effect of, decision

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. 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) . s 54 amd 2010 No. 37 s 49 sub 2024 No. 3 s 36 (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. (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) .

• (a) give the applicant notice of the integrity commissioner’s decision; and
• (b) if the integrity commissioner approves an application for an entity, update the lobbying register to include the entity as a registered lobbyist.
• (a) the day stated in the notice;
• (b) the day the lobbying register is updated under subsection (1) (b) .

Powers of integrity commissioner

sec.55 Code of conduct

The integrity commissioner may, after consultation with the parliamentary committee, approve a code of conduct for registered lobbyists (the registered lobbyists code of conduct ). The integrity commissioner must publish the registered lobbyists code of conduct on the integrity commissioner’s website. 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. The registered lobbyists code of conduct must include a policy relating to conflicts of interest for registered lobbyists. 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. Registered lobbyists must comply with the registered lobbyists code of conduct. s 55 amd 2024 No. 3 s 46C sub 2024 No. 3 s 36 (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 ). (sec.55-ssec.2) The integrity commissioner must publish the registered lobbyists code of conduct on the integrity commissioner’s website. (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. (sec.55-ssec.4) The registered lobbyists code of conduct must include a policy relating to conflicts of interest for registered lobbyists. (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. (sec.55-ssec.6) Registered lobbyists must comply with the registered lobbyists code of conduct.

sec.56 Approved training

The integrity commissioner must approve a training course for the purpose of enabling individuals to be registered lobbyists or continue to be registered lobbyists. The integrity commissioner must publish a description of the approved training course on the integrity commissioner’s website. s 56 sub 2024 No. 3 s 36 (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. (sec.56-ssec.2) The integrity commissioner must publish a description of the approved training course on the integrity commissioner’s website.

sec.57 Directives

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. Registered lobbyists must comply with a directive made under subsection (1) . The integrity commissioner must publish each directive made under subsection (1) on the integrity commissioner’s website. 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. s 57 amd 2010 No. 37 s 50 sub 2024 No. 3 s 36 (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. (sec.57-ssec.2) Registered lobbyists must comply with a directive made under subsection (1) . (sec.57-ssec.3) The integrity commissioner must publish each directive made under subsection (1) on the integrity commissioner’s website. (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.

• (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;
• (b) the application of the policy relating to conflicts of interest for registered lobbyists mentioned in section 55 (4) ;
• (c) any other matter the integrity commissioner considers appropriate.

Restrictions on particular lobbying activity

Dual hatting

sec.58 Registered lobbyist must not perform substantial role in election campaign of political party

This section applies to a registered lobbyist. The registered lobbyist must not perform a substantial role in the election campaign of a political party. s 58 sub 2024 No. 3 s 36 (sec.58-ssec.1) This section applies to a registered lobbyist. (sec.58-ssec.2) The registered lobbyist must not perform a substantial role in the election campaign of a political party.

Former representatives

sec.59 Who is a former senior government representative

A former senior government representative is a person who held, but no longer holds, any of the following offices— Premier; Minister; Assistant Minister; councillor; ministerial staff member; assistant minister staff member; an office of a public sector officer that is an office of chief executive, senior executive or senior executive equivalent. s 59 sub 2024 No. 3 s 36

• (a) Premier;
• (b) Minister;
• (c) Assistant Minister;
• (d) councillor;
• (e) ministerial staff member;
• (f) assistant minister staff member;
• (g) an office of a public sector officer that is an office of chief executive, senior executive or senior executive equivalent.

sec.60 Who is a former Opposition representative

A former Opposition representative is a person who held, but no longer holds, any of the following offices— Leader of the Opposition; Deputy Leader of the Opposition; staff member in the office of the Leader of the Opposition. s 60 sub 2024 No. 3 s 36

• (a) Leader of the Opposition;
• (b) Deputy Leader of the Opposition;
• (c) staff member in the office of the Leader of the Opposition.

sec.61 Who is a former representative

A former representative means— a former senior government representative; or a former Opposition representative. s 61 sub 2024 No. 3 s 36

• (a) a former senior government representative; or
• (b) a former Opposition representative.

sec.62 Former representative must not carry out lobbying activity relating to official dealings of previous 2 years

This section applies to a person who is a former representative. 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. s 62 amd 2010 No. 37 s 52 ; 2024 No. 3 s 46D sub 2024 No. 3 s 35 (sec.62-ssec.1) This section applies to a person who is a former representative. (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.

Obligations of representatives

sec.63 Representative must not knowingly permit lobbying in contravention of s 46

A representative must not knowingly permit an entity to carry out a lobbying activity with the representative in contravention of section 46 . s 63 amd 2010 No. 37 s 53 sub 2024 No. 3 s 36

sec.64 Representative must not knowingly permit lobbying in contravention of s 62

A representative must not knowingly permit a former representative to carry out a lobbying activity with the representative in contravention of section 62 . s 64 sub 2024 No. 3 s 36

Information disclosure

sec.65 Registered lobbyist must give notice of change in recorded particulars

This section applies if there is a change in the recorded particulars of a registered lobbyist. 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) . 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. s 65 amd 2010 No. 37 s 54 sub 2024 No. 3 s 36 (sec.65-ssec.1) This section applies if there is a change in the recorded particulars of a registered lobbyist. (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) . (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.

• (a) the obligation under subsection (2) applies to the entity in relation to the entity’s registration as a lobbyist; and
• (b) the listed person must ensure the entity is notified of the change.

sec.66 Registered lobbyist must give annual return of recorded particulars

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) . 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. s 66 amd 2010 No. 37 s 55 sub 2024 No. 3 s 36 (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) . (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.

• (a) the obligation under subsection (1) applies to the entity in relation to the entity’s registration as a lobbyist; and
• (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.

sec.66A Individual who is registered lobbyist must give notice of intention to perform substantial role in election campaign

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. 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) . s 66A ins 2010 No. 37 s 56 sub 2024 No. 3 s 36 (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. (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) .

sec.66B Representative must give integrity commissioner notice if subject to lobbying activity by unregistered person

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. 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. A responsible person for a representative may delegate a function under subsection (2) to an appropriately qualified person. s 66B ins 2024 No. 3 s 46E sub 2024 No. 3 s 36 (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. (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. (sec.66B-ssec.3) A responsible person for a representative may delegate a function under subsection (2) to an appropriately qualified person.

sec.66C Representative may give integrity commissioner information about lobbying activity

This section applies if an entity carries out, or seeks to carry out, a lobbying activity with a representative. 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. 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. A responsible person for a representative may delegate a function under subsection (2) to an appropriately qualified person. s 66C ins 2024 No. 3 s 36 (sec.66C-ssec.1) This section applies if an entity carries out, or seeks to carry out, a lobbying activity with a representative. (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. (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. (sec.66C-ssec.4) A responsible person for a representative may delegate a function under subsection (2) to an appropriately qualified person.

sec.66D Integrity commissioner may require information from registered lobbyist or another person

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) . 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. 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) . s 66D ins 2024 No. 3 s 36 (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) . (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. (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) .

• (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
• (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
• (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
• (b) another person may have information relating to a matter mentioned in paragraph (a) .
• (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
• (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
• (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
• (a) within the reasonable period of at least 15 business days stated in the notice; or
• (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.

sec.66E Verification by statutory declaration

The integrity commissioner may require information or a document given under this part to be verified by statutory declaration. s 66E ins 2024 No. 3 s 36

Compliance notices

sec.66F When compliance notice may be given

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. 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. s 66F ins 2024 No. 3 s 36 (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. (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.

• (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
• (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
• (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.
• (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.
• (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
• (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.

sec.66G Requirements for compliance notice

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 . 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. s 66G ins 2024 No. 3 s 36 (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 . (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.

• (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
• (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
• (b) briefly, how it is suspected the registered lobbyist is failing, or has failed, to comply; and
• (c) the matter relating to the failure that the integrity commissioner believes is reasonably capable of being rectified; and
• (d) the reasonable steps the registered lobbyist must take to rectify the matter; and
• (e) that the registered lobbyist must take the steps within a stated reasonable period; and
• (f) that failure to comply with the notice may lead to the integrity commissioner taking action under part 9 .
• (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
• (a) a period for which the requirement applies; or
• (b) that the requirement applies until further notice.

Sanctions for non-compliance

sec.66H Grounds for taking action

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. 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. s 66H ins 2024 No. 3 s 36 (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. (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.

• (a) the registration was obtained because of incorrect or misleading information; or
• (b) the integrity commissioner believes the entity is disqualified as a registered lobbyist under section 49 ; or
• (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
• (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
• (d) the integrity commissioner believes the entity has failed to comply, without a reasonable excuse, with a compliance notice; or
• (e) the entity has been charged with an indictable offence; or
• (f) the registration of the entity as a lobbyist in another jurisdiction has been cancelled or suspended; or
• (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.
• (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
• (a) to impose a condition on, or vary or remove a condition of, the registration; or
• (b) to suspend the registration for a stated period of not more than 12 months; or
• (c) to cancel the registration.

sec.66I Show cause notice before taking action

This section applies if the integrity commissioner is considering taking action under section 66H in relation to an entity. 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. 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. s 66I ins 2024 No. 3 s 36 (sec.66I-ssec.1) This section applies if the integrity commissioner is considering taking action under section 66H in relation to an entity. (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. (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.

• (a) that the integrity commissioner intends to take the action; and
• (b) the proposed action; and
• (c) the ground for the proposed action; and
• (d) an outline of the facts and circumstances forming the basis for the ground for the proposed action; and
• (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.