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Lobbying of Government Officials Act 2011
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Turn the raw legal text into a practical explanation grounded in Lobbying of Government Officials Act 2011.
9 Registration of third-party lobbyists and those undertaking lobbying for third-party lobbyists
(1) A third-party lobbyist is required to be registered in the Lobbyists Register.
(2) An individual engaged to undertake lobbying for a third-party lobbyist is required to be registered in the Lobbyists Register in respect of the third-party lobbyist.
(3) A third-party lobbyist (or any individual so engaged) is not eligible to be registered if the person is an officer of a registered political party, is not a fit and proper person to be registered or is otherwise ineligible under the regulations to be registered.
(4) An application for the registration of a third-party lobbyist may be made to the Electoral Commission by or on behalf of the lobbyist.
(5) The application for registration:
(a) is to be in the form approved by the Electoral Commission, and
(b) is to contain the names of the individuals engaged to undertake lobbying for the third-party lobbyist, and
(c) is to require the disclosure of any other information to be included in the Lobbyists Register in respect of the third-party lobbyist, and
(d) may require the disclosure of the criminal record of the third-party lobbyist, individuals engaged to undertake lobbying or other persons associated with the third-party lobbyist.
(6) The Electoral Commission must register a third-party lobbyist (and any individual engaged to undertake lobbying for a third-party lobbyist) if an application for registration has been duly made to the Electoral Commission unless it is satisfied that the person is not eligible to be registered.
(7) The Electoral Commission may cancel or suspend the registration of a third-party lobbyist (or any individual engaged to undertake lobbying for a third-party lobbyist) if:
(a) the lobbyist (or an individual so engaged) contravenes the Lobbyists Code or this Act, or
(a1) the lobbyist (or an individual so engaged) ceases to be eligible to be registered in the Lobbyists Register, or
(b) in the case of a third-party lobbyist—the lobbyist fails to update the information in the Lobbyists Register when required to do so, or
(c) in the case of a third-party lobbyist—the lobbyist no longer carries on the business of lobbying, or
(d) in the case of an individual engaged to undertake lobbying for a third-party lobbyist—the individual is no longer so engaged, or
(e) the Electoral Commission is authorised to do so by the regulations.
(8) The Electoral Commission may determine that a third-party lobbyist who has carried on the business of lobbying while not registered is ineligible to be registered for the period specified by the Electoral Commission.
(9) A person is taken for the purposes of this section not to be a fit and proper person to be registered in the Lobbyists Register (without limiting any other circumstances) if the person:
(a) has been sentenced to a term of imprisonment of 30 months or more, or
(b) has been convicted, within the previous 10 years, of an offence committed as an adult involving fraud or dishonesty.
s 9: Ins 2014 No 30, Sch 3 [3]. Am 2018 No 20, Sch 3.6 [3] [4].