The Act defines several foundational concepts. An ethics or integrity issue is an issue concerning ethics or integrity and includes a conflict of interest issue; for a request by the Premier under Part 2 it also includes standard setting for ethics or integrity issues (section 9). 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 (section 10(1)). References to an interest or conflict of interest are to be given their ordinary meaning under the general law, and the definition in the Acts Interpretation Act 1954 schedule 1 does not apply (section 10(2)). 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 (section 11).

A designated person is a category of public official that includes: a member of the Legislative Assembly, a statutory office holder, a chief executive of a public service entity, a senior executive, a chief executive or senior executive equivalent nominated by the responsible Minister, a ministerial chief of staff, a person nominated by the Premier (by signed notice to the Integrity Commissioner, ending after 28 days), and a person prescribed by regulation (section 12). A ministerial advisor is a ministerial staff member or person engaged to give advice to a Minister or Assistant Minister, but excludes a designated person (section 12A).

For the lobbying regime, a lobbying activity is communicating with a government representative to influence State or local government decision-making (including legislation, policy, contracts, grants, funding, planning decisions) or communicating with an Opposition representative to influence Opposition decision-making (section 42). Certain activities are expressly excluded: communicating with a committee of the Legislative Assembly or local government, constituency matters, responding to calls for submissions, grassroots campaigning, responding to tenders, public forums, requests for information, non-business matters, applications under an Act, incidental meetings, and professional or technical services in the ordinary course (section 43). A government representative includes the Premier, a Minister, an Assistant Minister, a councillor, ministerial and assistant minister staff members, and a public sector officer (section 44). An Opposition representative includes the Leader of the Opposition, Deputy Leader, opposition spokespersons, and staff in the Leader’s office (section 45). A former representative means a former senior government representative (Premier, Minister, Assistant Minister, councillor, ministerial staff, chief executive, senior executive) or a former Opposition representative (Leader, Deputy, staff) (sections 59-61). A substantial role in an election campaign means a senior level, paid or unpaid role involving employment by the party and significant involvement in election strategy or policy development, but excludes general membership, volunteering for a candidate, door knocking, media liaison, and handing out how to vote material (section 41 definition). A success fee is an amount contingent on the outcome of a lobbying activity (section 66P). The Act also creates a compliance notice (section 66F) and a show cause notice (section 66I) as enforcement mechanisms, and requires the Integrity Commissioner to keep a lobbying register published on the commissioner’s website (section 66L).

The Act applies to a wide range of persons within Queensland’s public sector and political system. Designated persons are the primary recipients of ethics advice: members of the Legislative Assembly, statutory office holders, chief executives of public service entities, senior executives, nominated chief executives or equivalents in government entities, ministerial chiefs of staff, Premier-nominated persons, and persons prescribed by regulation (section 12). Ministerial advisors who are not designated persons may also seek advice in certain circumstances (section 12A). Former designated persons and former ministerial advisors may request advice within two years of ceasing office on post-separation obligations (sections 20A, 20D). Ministers are subject to a specific criminal offence for failing to disclose conflicts of interest (section 40A) and may request advice about designated persons under their administration (section 17). Statutory office holders listed in schedule 1 or prescribed by regulation must declare interests and manage conflicts (sections 40E, 40F). The Premier may request advice on any ethics or integrity issue involving a designated person (except a non-government member) and on standard setting (section 16). The Leader of the Opposition may request advice about non-government members of their party (section 19). Chief executives of public service entities and nominated government entities may request advice about designated persons employed in their entity (section 20). Assistant Ministers may request advice about their ministerial advisors (section 20C). Chiefs of staff may request advice about ministerial advisors with notice to their Minister or Assistant Minister (section 20CA).

On the lobbying side, the Act affects entities that carry out lobbying activities for third party clients - they must be registered lobbyists (section 46). Third party clients who engage lobbyists are indirectly affected as the register must contain their names and contact details (section 66M). Former representatives (senior government and opposition office holders) are prohibited from lobbying on their prior official dealings for two years (section 62). All representatives (government and opposition) must not knowingly permit unregistered lobbying or lobbying in breach of the cooling-off period (sections 63-64). Representatives also have obligations to notify the Integrity Commissioner if an unregistered entity seeks to lobby them (section 66B). The Integrity Commissioner is the central administrator of the Act, appointed by the Governor in Council with parliamentary committee approval (section 73-74). The parliamentary committee plays a key role in approving the commissioner’s appointment, remuneration, funding proposals, and the code of conduct for lobbyists (sections 55, 74, 76, 85G). The Speaker receives the commissioner’s declaration of interests and annual reports (sections 80, 85K). The Crime and Corruption Commission may receive copies of the commissioner’s interest statement (section 80(7)). The Director of Public Prosecutions must consent to proceedings for the offence under section 40A (section 40B).

The Act imposes numerous duties and grants specific rights. Duties on designated persons: a designated person who requests advice must disclose to the Integrity Commissioner all information relevant to the ethics or integrity issue (section 15(4)). A designated person under section 12(1)(f) (ministerial chief of staff) must give notice of the request to their Minister before asking for advice (section 15(3)). Duties on Ministers: if a Minister has an interest that conflicts or may conflict with their responsibilities, the Minister must not, with intent to dishonestly obtain a benefit or cause a detriment, fail to disclose the nature of the interest and conflict to Cabinet or the Premier (section 40A). This is an indictable misdemeanour requiring DPP consent to prosecute (section 40B). Duties on statutory office holders: on appointment, a holder must within one month give the relevant Minister a statement of interests containing information required under the Public Sector Act 2022, section 182(3) (section 40E). If a change occurs in interests of a type required to be disclosed, the holder must give a revised statement as soon as possible (section 40E(5)-(6)). If a conflict exists, the holder must disclose to the Minister and not take action unless authorised (section 40F). Duties on the Integrity Commissioner: the commissioner must give written advice when requested under section 15, having regard to approved codes of conduct, ethical standards adopted by the Legislative Assembly, and standards approved by the Premier for Ministers (section 21(3)). The commissioner may refuse if insufficient information or if the request is not in keeping with the Act’s purpose, but must give written reasons (section 21(4)). The commissioner must keep a lobbying register, publish it online (section 66L), and must give copies of relevant documents to the Premier, Minister, Leader of the Opposition, or chief executive upon request or when the commissioner believes there is an actual or perceived and significant issue (sections 29-33). Duties on registered lobbyists: they must comply with the code of conduct (section 55(6)), comply with directives (section 57(2)), give notice of changes in recorded particulars within 10 business days (section 65), give an annual return within one month after each financial year (section 66), and must not perform a substantial role in an election campaign (section 58). If a registered lobbyist intends to perform a substantial role, they must immediately notify the Integrity Commissioner (section 66A). Duties on former representatives: they must not, within two years, carry out lobbying activity relating to official dealings in which they engaged in the two years before becoming a former representative (section 62). Duties on representatives: they must not knowingly permit lobbying in contravention of section 46 or 62 (sections 63-64). If a representative becomes aware of an unregistered entity seeking to lobby, the responsible person must give details to the Integrity Commissioner as soon as practicable (section 66B).

Rights: a designated person may request advice on an ethics or integrity issue (section 15(1)). A former designated person or former ministerial advisor may request advice within two years on post-separation obligations (section 20A, 20D). A member of the Legislative Assembly may request a meeting with the Integrity Commissioner on interests issues (section 22). A person to whom a relevant document relates may disclose the document (sections 27, 36). Protection: a designated person who asks for advice on a conflict of interest issue, discloses all relevant information, and does an act substantially in accordance with the advice is not liable in a civil proceeding or under an administrative process for that act (section 40). This protection does not affect liability for acts before receiving the advice (section 40(3)). Procedural rights for lobbyists: an applicant for registration may be required to give further information and is allowed at least 5 business days to comply; failure results in withdrawal of the application (section 52). Before sanction action is taken, the Integrity Commissioner must issue a show cause notice allowing 14 days for a written response (section 66I). The commissioner may then decide to take the proposed action, different action, issue a warning, or take no action (section 66J). Decisions take effect after 10 days unless a later day is stated (section 66J(3)).

The Act creates several criminal offences and administrative enforcement mechanisms. Secrecy offence: a person involved in the administration of Chapter 3 must not record, use or disclose information about another person’s ethics or integrity issue that came to their knowledge through that involvement, unless in performance of functions or authorised under this or another Act. Maximum penalty: 85 penalty units or 1 year’s imprisonment (section 24). A person involved in administration is not compellable in any proceeding to disclose such information (section 24(3)). Ministerial conflict offence: a Minister who, with intent to dishonestly obtain a benefit or cause a detriment, fails to disclose a conflict of interest as required commits a misdemeanour punishable by 200 penalty units or 2 years imprisonment (section 40A). Proceedings require the written consent of the Director of Public Prosecutions and may be taken summarily or on indictment (section 40B). Information given to the Integrity Commissioner under Chapter 3 may be used for investigation or prosecution of this offence despite the secrecy provisions (section 40C). Lobbying offences: an unregistered person who carries out a lobbying activity for a third party client commits an offence carrying 200 penalty units (section 46). An individual taken not to be a registered lobbyist (e.g., due to disqualification) is treated as unregistered even if their name remains on the register (section 46(2)). A person who is not a registered lobbyist must not carry on or purport to carry on a lobbying business, hold out as a registered lobbyist, or use a title indicating they are a registered lobbyist; maximum penalty 200 penalty units (section 66O). A person must not give or receive a success fee in relation to a lobbying activity; maximum penalty 200 penalty units (section 66P(1)-(2)). Upon conviction, the success fee is forfeited to the State; if the conviction is quashed, the fee must be returned (section 66P(3)-(4)). Forfeiture applies even if a conviction is not recorded (section 66P(5) defines conviction includes plea of guilty or finding of guilt).

Administrative enforcement: the Integrity Commissioner may issue a compliance notice to a registered lobbyist if the commissioner suspects non-compliance with a condition of registration, the code of conduct, a directive, Part 5 (restrictions), or sections 65, 66, 66A, or 66D (section 66F). The notice must state the suspected failure, the matter capable of rectification, the reasonable steps required, a stated reasonable period for compliance, and a warning that failure may lead to action under Part 9 (section 66G). If the notice requires refraining from an act, it must state a period or that it applies until further notice (section 66G(2)). Sanctions (section 66H): the commissioner may impose, vary or remove a condition of registration, suspend registration for up to 12 months, or cancel registration. Grounds include: registration obtained by incorrect or misleading information; disqualification under section 49; failure to comply with conditions, code, directive, Part 5, or specific sections; failure to comply without reasonable excuse with a compliance notice; being charged with an indictable offence; cancellation or suspension in another jurisdiction; or another sufficient ground (including acting inconsistently with general standards of ethical behaviour). A show cause notice must be given before action, allowing 14 days for a written response (section 66I). After considering any response, the commissioner may take the proposed action, different action, issue a warning, or take no action (section 66J). The decision takes effect after 10 days (or later if stated). Suspension may be extended, but total suspension must not exceed 12 months (section 66K). The commissioner must update the lobbying register immediately upon cancellation or suspension (section 66N(4)). The register must record grounds and period of suspension (section 66M(i)). Disqualification: an individual who performs a substantial role in an election campaign during the inter-election period is disqualified from being a registered lobbyist (section 49). The disqualification period runs from when the role starts until the next general election if the winning party, or until the election if the losing party (section 49(4)-(5)). If a lobbyist gives notice of intention to perform a substantial role, the Integrity Commissioner must immediately remove the individual’s name from the register (section 66N(3)).

The Act contains numerous cross-references to other Queensland legislation. For the definition of interest, section 10(2) provides that a reference to an interest is to be given its ordinary meaning under the general law and specifically excludes the definition in the Acts Interpretation Act 1954, schedule 1. The Acts Interpretation Act 1954 also defines “appoint” to include reappointment (section 40E(1) note). The Public Sector Ethics Act 1994 provides approved codes of conduct and standards of practice which the Integrity Commissioner must have regard to when giving advice (sections 21(3)(a)(i), 23(3)(a)(i)). The Parliament of Queensland Act 2001, section 69C establishes the registers of members’ and related persons’ interests, and sections 69B is referenced for the information required in the Integrity Commissioner’s interest declaration (section 80(3)). The Public Sector Act 2022 governs employment of the deputy integrity commissioner and staff (sections 85A, 85C), the integrity commissioner is expressly not appointed under that Act (section 73(2)), and the statement of interests for statutory office holders must include information required under Public Sector Act 2022, section 182(3) (section 40E(3)). Directives under the Public Sector Act 2022 that apply specifically to the integrity office require the integrity commissioner’s approval, unless they apply generally to all public sector units (section 85D). The Criminal Code, section 552D provides examples of exceptional circumstances for a magistrate declining to hear an indictable offence summarily (section 40B(4) note). The Justices Act 1886 governs summary proceedings and committal proceedings for the section 40A offence (section 40B). The Director of Public Prosecutions Act 1984 provides for the DPP whose consent is required for prosecution under section 40A (section 40B(7)). The Financial Accountability Act 2009 applies to the integrity office as a statutory body (section 85BA), and section 63 of that Act deals with annual reports, modified by section 85L to require reports to be given to the parliamentary committee, Speaker, Minister and Treasurer, and tabled by the chair of the parliamentary committee. The Statutory Bodies Financial Arrangements Act 1982 applies (section 85BA), and Part 2B affects how the integrity office’s powers are exercised. The Criminal Law (Rehabilitation of Offenders) Act 1986 defines criminal history for lobbyist registration purposes, excluding spent convictions except for offences with sentences of at least 30 months or fraud/dishonesty convictions (section 50(4)). The Electoral Act 1992, schedule 1 defines general election for the dual hatting disqualification (section 49(6)). The Industrial Relations Act 2016 defines industrial organisations which may be exempt from lobbyist registration (section 47(1)(b)), and the industrial relations Minister may make directives under the Public Sector Act 2022 with the commissioner’s approval (section 85D(3)). The Planning Act 2016 is referenced for lobbying activities relating to planning decisions and development approvals (section 42(1)(a)(v)). The City of Brisbane Act 2010 and Local Government Act 2009 define councillors (section 41 definition). The Local Government Act 2009 also defines corporate entities (section 41 definition of public sector officer). The Transport Infrastructure Act 1994 defines rail government entities (section 41). The Duties Act 2001, section 61(1) defines related person for the success fee prohibition (section 66P(5)). The Crime and Corruption Commission may receive a copy of the integrity commissioner’s interest statement (section 80(7)). The secrecy provision in section 24 is overridden by section 40C for the purpose of investigation or prosecution of the Ministerial conflict offence. The Act also declares that nothing in Chapter 4 requires a representative to communicate with any entity or limits communication required under law (section 66Q).

The provided text contains numerous amendment annotations, although not a complete history. The Act has been amended multiple times. The most significant amendments appear in the 2024 amending Acts: 2024 No. 3 (the Integrity and Other Legislation Amendment Act 2024) substantially rewrote Chapter 4 (lobbying), inserting new sections 40BA? No, but it replaced the entire Chapter 4 with a comprehensive scheme including new definitions (sections 41-45), new registration requirements, compliance notices, sanctions, a public lobbying register, and offences. It also amended sections 12 (designated persons), 15 (request for advice), 17 (request by Minister), 20 (request by chief executive), 20A (former designated person), 20CA (chief of staff request), 20D (former ministerial advisor), 29-30, 33A, 34 (confidentiality), 74 (appointment procedure), 76 (remuneration), 85K (reporting), and inserted new Parts on funding (sections 85E-85J), annual reports (section 85L), and statutory body status (section 85BA). 2022 No. 33 (the Integrity and Other Legislation Amendment Act 2022) inserted ministerial advisor provisions (sections 12A, 20B-20D, 20CA was later 2024), amended section 12 (designated persons), and inserted provisions for deputy integrity commissioner and staff (sections 85A-85D). 2022 No. 34 was a machinery amendment (sch 3) updating references to the Public Sector Act 2022. 2020 No. 20 (the Integrity and Other Legislation Amendment Act 2020) inserted the Ministerial conflict of interest offence (sections 40A-40C) and the statutory office holder provisions (sections 40D-40F, originally sections 72B-72D). 2019 No. 9 inserted section 20A (former designated person) and amended section 21. 2013 No. 39 and 2012 No. 45 made various amendments. 2012 No. 6 amended sections 12 and 18 (section 18 later omitted in 2022). 2010 No. 37 was a significant amendment Act that restructured the Act, inserting statutory office holder duties, amending the lobbying provisions, and updating confidentiality and disclosure rules. 2009 No. 24 is likely the original enactment. Sections omitted include 18 (omitted 2022), 47A, 47B (omitted 2024), and numerous sections from 67 to 72A (all omitted 2024) which were the previous lobbying provisions. The amendment annotations indicate a pattern of progressive strengthening of the lobbying regime and expansion of the Integrity Commissioner’s advisory and enforcement functions.

The provided source text does not cite any litigation or judicial decisions. No cases are named. The Act contains provisions that would be relevant to prosecutions (e.g., sections 40A, 46, 66O, 66P) and administrative decisions (e.g., registration decisions, sanction decisions under section 66H), but the source does not reference any court proceedings or tribunal decisions. Accordingly, this section cannot be populated with case information from the source alone. A practitioner would need to search Queensland case law databases for decisions interpreting this Act, particularly regarding the Ministerial conflict offence, the scope of lobbying activities exemptions, the definition of conflict of interest under general law, and procedural fairness in show cause processes.

Several subtle or counterintuitive features in the Act warrant close attention. Advice cannot be sought about former persons except as specifically provided: section 15(6) declares that 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, subject only to sections 16, 20A and 20D. This means a third party (e.g., a Minister) cannot request advice about a former designated person except the Premier under section 16. Former persons can request advice themselves for two years on post-separation obligations (sections 20A, 20D). Protection limited to acts substantially in accordance with advice: section 40 provides protection only if the designated person does an act to resolve the conflict “substantially in accordance” with the Integrity Commissioner’s advice - not merely in accordance with it. The protection also requires full disclosure of all relevant information when seeking the advice. It does not protect against liability for acts done before the advice was received. The protection is only from civil proceedings and administrative processes, not criminal liability. Dual hatting disqualification timing: the disqualification under section 49 applies to an individual who is a registered lobbyist during the inter-election period and who performs a substantial role in an election campaign. The disqualification period depends on whether the party wins government. If the lobbying register is not immediately updated, the individual is taken not to be a registered lobbyist even if their name remains (section 46(2)). Section 66N requires immediate removal upon receipt of a notice under section 66A. However, there is a risk that a lobbyist may inadvertently remain on the register while disqualified. Success fee forfeiture: under section 66P, if a person is convicted of giving or receiving a success fee, the fee is forfeited to the State even if a conviction is not recorded (section 66P(5) includes pleas of guilty and findings of guilt without recorded convictions). If the conviction is later quashed, the fee must be returned. This places the financial risk on the parties. Cooling-off period for former representatives: the two-year prohibition in section 62 applies only to lobbying activity that “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.” A former representative can lobby on other matters immediately, provided they do not relate to those prior dealings. But the definition of “official dealings” is broad, covering government or Opposition business, negotiations, briefings, contracts and representations. Overlap of secrecy and disclosure: section 24 creates a broad secrecy offence with criminal penalty, but section 40C overrides that for information used in investigating or prosecuting the Ministerial conflict offence. Section 24(2) permits disclosure authorised under this or another Act, and Chapter 3 Division 2 and 3 provide specific authorisations to disclose relevant documents to the Premier, Ministers, Leader of the Opposition, and chief executives, and to the person to whom the document relates. However, 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 (disclosure to the person themselves) (section 26(3)). No implied obligation on representatives to communicate: section 66Q declares that nothing in Chapter 4 requires a representative to communicate with any entity, nor does it limit communication where a law requires the representative to take account of information. This prevents an argument that the lobbying register creates a right of access. Funding proposal confidentiality: the integrity commissioner is not required to include in a funding proposal any details that would prejudice a current ethics or integrity issue or disclose privileged or confidential information (section 85J). The parliamentary committee may then approve proposals without full information. Registration decisions are discretionary: the Integrity Commissioner may refuse an application on grounds including “another ground the integrity commissioner considers sufficient” and may consider conduct inconsistent with general standards of ethical behaviour (section 51(3)(d)-(4)). This gives broad discretion. Similarly, sanctions can be imposed if the commissioner believes the entity has acted inconsistently with ethical standards (section 66H example). A show cause process applies, but the grounds are expansive.

For designated persons seeking to manage ethical obligations: use the formal advice mechanism under section 15. Submit a written request to the Integrity Commissioner describing the ethics or integrity issue. Disclose all relevant information (section 15(4)). If you are a ministerial chief of staff, notify your Minister beforehand (section 15(3)). The Integrity Commissioner will provide written advice having regard to approved codes of conduct (section 21). If you act substantially in accordance with that advice after full disclosure, you are protected from civil liability and administrative processes for that act (section 40). For members of the Legislative Assembly on interests issues, use the meeting process under section 22 rather than the designated person process. Note that Part 2 does not apply to advice for members on interests issues (section 14); Part 3 applies instead. The advice may be oral or written (section 23(2)).

For Ministers: be vigilant about conflicts of interest. If you have an interest that conflicts or may conflict with your responsibilities, you must disclose the nature of the interest and conflict to Cabinet, or for a Minister other than the Premier, to Cabinet or the Premier (section 40A(2)). Failure to do so with dishonest intent is a criminal offence. Seek advice from the Integrity Commissioner proactively to avoid any appearance of impropriety. Keep records of disclosures.

For statutory office holders: on appointment, within one month give the relevant Minister a statement of interests containing the information required under the Public Sector Act 2022, section 182(3) (section 40E). Monitor for changes in interests of a type mentioned in that section; give a revised statement as soon as possible. If a conflict arises, disclose to the Minister and do not take action unless authorised (section 40F).

For entities that lobby for third party clients: register with the Integrity Commissioner as a lobbyist before carrying out any lobbying activity. Ensure all officers and employees who lobby are listed persons. Complete an approved training course within the stated period and at regular intervals if directed (section 53). Comply with the registered lobbyists code of conduct (section 55(6)) and any directives (section 57(2)). Maintain accurate recorded particulars: give notice of any change within 10 business days (section 65) and provide an annual return within one month after each financial year (section 66). If you or any listed person intends to perform a substantial role in an election campaign for a political party, immediately notify the Integrity Commissioner (section 66A). Do not perform that role while registered (section 58). The Act will remove the individual’s name from the register upon notice. After ceasing to be a lobbyist, be aware of the two-year disqualification if you perform a substantial role in a campaign (section 49). Ensure you do not accept success fees (section 66P). If you are a former representative (senior government or opposition office holder), do not lobby on matters relating to your official dealings in the two years before your departure for a period of two years after leaving (section 62).

For representatives (government and opposition): do not knowingly permit an unregistered entity to lobby you (section 63) or permit a former representative to lobby in breach of section 62 (section 64). If you become aware that an unregistered entity is seeking to carry out lobbying activity with you, ensure the responsible person gives the entity’s name and details to the Integrity Commissioner as soon as practicable (section 66B). You may also voluntarily give information about any lobbying activity if it may be relevant to the commissioner’s functions (section 66C). Delegate these functions to appropriately qualified persons (sections 66B(3), 66C(4)).

For registered lobbyists subject to a compliance notice: take the required steps within the stated reasonable period. Failure without reasonable excuse can lead to suspension or cancellation (section 66H(1)(d)). If you receive a show cause notice, submit a written response within 14 days (or longer if agreed) (section 66I). The commissioner may decide to take different, lesser action after considering your submissions.

For all persons: be aware of the secrecy obligations under section 24 if you are involved in administering Chapter 3. Do not record, use or disclose information about another person’s ethics or integrity issue unless it is in performance of your functions or authorised by law. The maximum penalty is 85 penalty units or one year’s imprisonment. If you are a person who has been involved in administration, you cannot be compelled to disclose such information in any proceeding (section 24(3)).