Queensland: Integrity Act 2009 (Qld)

Integrity Act 2009 An Act to provide for the Queensland Integrity Commissioner and Office of the Queensland Integrity Commissioner, to facilitate the giving of advice to Ministers, chief executives and others on ethics or integrity issues, to ensure Ministers, chief executives and others appropriately manage conflicts of interest, and to regulate particular lobbying activities with government representatives and Opposition representatives including by a code of conduct, a training course and directives Chapter 1 Preliminary 1 Short title This Act may be cited as the Integrity Act 2009. 2 Commencement This Act commences on a day to be fixed by proclamation. 3 Dictionary The dictionary in schedule 2 defines particular words used in this Act. Note— Core concepts for chapter 3 are defined in chapter 3, part 1, and core concepts for chapter 4 are defined in chapter 4, part 1, with signposts to those definitions set out in schedule 2. 4 Purpose The purpose of this Act is to encourage confidence in public institutions by— (a) helping Ministers, members of the Legislative Assembly, and others to deal appropriately with ethics or integrity issues; and (b) regulating contact between lobbyists and State or local government representatives, and contact between lobbyists and key representatives for the Opposition, so that lobbying is conducted in accordance with public expectations of transparency and integrity. 5 Act binds all persons (1) This Act binds all persons including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and all the other States. (2) Subsection (1) does not make the State, the Commonwealth or another State liable for an offence. Chapter 2 Queensland Integrity Commissioner and Office of the Queensland Integrity Commissioner 6 Integrity commissioner and integrity office (1) There is to be a Queensland Integrity Commissioner. (2) The integrity commissioner is an officer of the Parliament. (3) There is to be a Queensland Deputy Integrity Commissioner. (4) An office called the Office of the Queensland Integrity Commissioner is established. (5) The integrity office consists of the integrity commissioner, the deputy integrity commissioner and the integrity officers. Note— The administrative provisions for the integrity commissioner, deputy integrity commissioner and integrity office are set out in chapter 5. 7 Functions of integrity commissioner (1) The integrity commissioner has the following functions— (a) to give written advice to a designated person, former designated person or former ministerial advisor on ethics or integrity issues as provided for under chapter 3, part 2; (b) to meet with, and give written or oral advice to, members of the Legislative Assembly as provided for under chapter 3, part 3; (c) to keep the lobbying register and have responsibility for the registration of lobbyists under chapter 4, and to provide education and training to government representatives, Opposition representatives and registered lobbyists about the operation of chapter 4; (d) to raise public awareness of ethics or integrity issues by contributing to public discussion of these issues relevant to the integrity commissioner's functions. (2) However, in performing the function mentioned in subsection (1)(d), the integrity commissioner must not disclose information likely to identify a specific request for the integrity commissioner's advice on an ethics or integrity issue, including information likely to identify an individual— (a) who requested the integrity commissioner's advice on an ethics or integrity issue; or (b) about whom the integrity commissioner's advice on an ethics or integrity issue was requested. 7A Integrity commissioner not subject to direction Subject to any other Act or law, the integrity commissioner is not subject to any direction by any person about— (a) the way the integrity commissioner performs the integrity commissioner's functions under this Act; or (b) the priority given to ethics or integrity issues. 8 Protection for integrity commissioner and deputy integrity commissioner (1) The integrity commissioner or deputy integrity commissioner is not liable in a civil proceeding or under an administrative process for an act or omission done or made by the integrity commissioner or deputy integrity commissioner acting in good faith, and without negligence, for the purposes of this Act. (2) If subsection (1) prevents a civil liability attaching to the integrity commissioner or deputy integrity commissioner, the liability attaches instead to the State. 8A Duties of deputy integrity commissioner The deputy integrity commissioner is to perform the duties directed by the integrity commissioner. 8B Deputy integrity commissioner subject only to direction of integrity commissioner (1) The deputy integrity commissioner is not subject to direction by any person, other than the integrity commissioner, about— (a) the way the integrity commissioner's functions under this Act are to be performed; or (b) the priority given to ethics or integrity issues. (2) Subsection (1) applies despite the Public Sector Act 2022. 8C Control of integrity office (1) The integrity commissioner controls the integrity office. (2) Subsection (1) does not prevent the attachment of the integrity office to the department for the purpose of ensuring that the office is supplied with the administrative support services that it requires to carry out its functions effectively and efficiently. 8D Integrity officers subject only to direction of integrity commissioner (1) An integrity officer is not subject to direction by any person, other than from within the integrity office, about— (a) the way the integrity commissioner's functions under this Act are to be performed; or (b) the priority given to ethics or integrity issues. (2) Subsection (1) applies despite the Public Sector Act 2022. Chapter 3 Advice on ethics or integrity issues Part 1 Core concepts 9 Meaning of ethics or integrity issue (1) An ethics or integrity issue is an issue concerning ethics or integrity and includes a conflict of interest issue. (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. 10 Meaning of conflict of interest issue and references to interest or conflict of interest (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. (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. 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. 12 Meaning of designated person (1) Each of the following persons is a designated person— (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. (2) A nomination under subsection (1)(e) or (fa) must be by signed notice given to the integrity commissioner. (2A) A nomination under subsection (1)(fa) ends 28 days after the start of the nomination. (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. 12A Meaning of ministerial advisor (1) A ministerial advisor is— (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. (2) However, a person who is a designated person is not a ministerial advisor. 13 Meaning of information Information, in this chapter, includes a document. Part 2 Advice for designated persons on ethics or integrity issues Division 1 Preliminary 14 Application of pt 2 This part does not apply in relation to advice for a member of the Legislative Assembly on interests issues. Note— Part 3 applies in relation to advice for a member on interests issues. 15 Request for advice (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. (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. (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. (4) The advisee must disclose to the integrity commissioner all information relevant to the ethics or integrity issue. (5) The integrity commissioner may ask the advisee for further information for the purpose of giving the advice on the ethics or integrity issue. (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. Division 2 Requests about designated persons 16 Request by Premier The Premier may ask for the integrity commissioner's advice on— (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. 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) 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). 18 [Repealed] 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. 20 Request by chief executive (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. (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— (a) nominated by the Minister under section 12(1)(e); and (b) employed in the entity managed by the chief executive. Division 3 Requests about other persons 20A Request by former designated person (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. (2) In this section— post-separation obligation means— (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 (b) an obligation applying to the person under section 62. 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. 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. 20CA Request by chief of staff about ministerial adviser (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. (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). 20D Request by former ministerial advisor (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. (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. (2) In this section— post-separation obligation means— (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 (b) an obligation applying to the person under section 62. Division 4 Advice 21 Advice (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. (2) The integrity commissioner must give the advice in writing. (3) For giving the advice, the integrity commissioner— (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 (b) may have regard to other ethical standards the integrity commissioner considers appropriate. (4) However, subsection (1) does not apply if the integrity commissioner— (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 (b) gives the advisee written reasons for refusing to give the advice. Part 3 Meeting with and advice for members of Legislative Assembly on interests issues 22 Meeting (1) A member of the Legislative Assembly may request a meeting with the integrity commissioner on interests issues for the member. (2) The member must disclose to the integrity commissioner all information relevant to the interests issues. (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. 23 Advice (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. (2) The integrity commissioner may give the advice orally or in writing. (3) For giving the advice, the integrity commissioner— (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 (b) may have regard to other ethical standards the integrity commissioner considers appropriate. (4) However, subsection (1) does not apply if the integrity commissioner— (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 (b) gives the member written reasons for refusing to give the advice. Part 4 Confidentiality and protection Division 1 Secrecy 24 Secrecy (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. (2) Subsection (1) does not apply to a person's recording, use or disclosure of information if the recording, use or disclosure is— (a) in the performance of his or her functions under this chapter; or (b) authorised under this or another Act. (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. Division 2 Authorised disclosures—ethics or integrity issue 25 Definitions for division In this division— 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. relevant document, for an ethics or integrity issue, means each of the following documents— (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. 26 Disclosure (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. (2) A relevant document for the ethics or integrity issue may be disclosed under this division. (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. 27 Disclosure by person to whom a relevant document relates A person to whom a relevant document relates may disclose the document. 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. 29 Disclosure to Premier (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— (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. (2) The integrity commissioner may give a copy of a relevant document to the Premier under subsection (1)(b) only if— (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. 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— (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. 32 Disclosure to Leader of the Opposition (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— (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. (2) The integrity commissioner may give a copy of a relevant document to the Leader of the Opposition under subsection (1)(b) only if— (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. 33 Disclosure to chief executive officer (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— (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. (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— (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. (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— (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. 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— (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. Division 3 Authorised disclosures—interests issues 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. relevant document, for interests issues, means each of the following documents— (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. 35 Disclosure (1) This section applies in relation to interests issues of a member of the Legislative Assembly. (2) A relevant document for interests issues may be disclosed under this division. 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. 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. 38 Disclosure to Premier (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— (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. (2) The integrity commissioner may give a copy of a relevant document to the Premier under subsection (1)(b) only if— (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. 39 Disclosure to Leader of the Opposition (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— (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. (2) The integrity commissioner may give a copy of a relevant document to the Leader of the Opposition under subsection (1)(b) only if— (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. Division 4 Protection 40 Limited protection for acting on conflict of interest advice (1) This section applies if a designated person— (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. (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. (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. Chapter 3A Managing conflicts of interest Part 1 Ministers 40A Conflicts of interest (1) This section applies if a Minister has an interest that conflicts or may conflict with the discharge of the Minister's responsibilities. (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— (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. Maximum penalty—200 penalty units or 2 years imprisonment. (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. 40B Proceeding for offence against s 40A (1) An offence against section 40A is a misdemeanour. (2) A proceeding for an offence against section 40A may be started only with the written consent of the director of public prosecutions. (3) A proceeding for an offence against section 40A may be taken, at the election of the prosecution— (a) by way of summary proceeding under the Justices Act 1886; or (b) on indictment. (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. Note— For examples of exceptional circumstances, see the examples stated in the Criminal Code, section 552D(2). (5) If subsection (4) applies— (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. (6) A Magistrates Court that summarily deals with a charge of an offence against section 40A— (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. (7) In this section— director of public prosecutions means the Director of Public Prosecutions appointed under the Director of Public Prosecutions Act 1984. 40C Use of information for investigation or prosecution (1) This section applies to information about a person given to the integrity commissioner under this Act, including, for example— (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. (2) The information may be— (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. (3) Subsection (2) applies despite— (a) section 24; and (b) any other law, rule or practice to the contrary. Part 2 Statutory office holders 40D Definition for part In this part— relevant Minister means the Minister administering the Act under which a statutory office holder is appointed. 40E Declaration of interests (1) This section applies to the following on appointment— (a) a statutory office holder mentioned in schedule 1; (b) another statutory office holder prescribed under a regulation. Note— Appointment includes reappointment. See the Acts Interpretation Act 1954, schedule 1, definition appoint. (2) The holder must, within 1 month, give the relevant Minister a statement about his or her interests. Note— See section 10(2) for the meaning of a reference to an interest. (3) The statement must include the information required under the Public Sector Act 2022, section 182(3). (4) Subsections (5) and (6) apply if— (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). (5) The holder must give the relevant Minister a revised version of the statement. (6) The revised version must— (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). 40F Conflicts of interest (1) If a statutory office holder has an interest that conflicts or may conflict with the discharge of the holder's responsibilities, the holder— (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. Note— See section 10(2) for the meaning of a reference to an interest or to a conflict of interest. (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. Chapter 4 Lobbying activity Part 1 Preliminary 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— (a) in writing; and (b) by meeting in person; and (c) 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— (a) who carries out a lobbying activity for the entity; and (b) 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— (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. 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— (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. Opposition representative see section 45. public sector officer means a person who is an officer or employee of any of the following entities— (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. 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) a government representative; or (b) an Opposition representative. substantial role, in the election campaign of a political party— (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 (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. 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. 42 What is a lobbying activity (1) A lobbying activity is— (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 (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). (2) This section is subject to section 43. 43 What is not a lobbying activity None of the following activities is a lobbying activity— (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. 44 Who is a government representative A government representative is any of the following persons— (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. 45 Who is an Opposition representative An Opposition representative is any of the following persons— (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. Part 2 Requirement for registration 46 Lobbying activity by unregistered entity prohibited (1) An unregistered person must not carry out a lobbying activity for a third party client. Maximum penalty—200 penalty units. (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. (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). (4) In this section— unregistered person means an entity that is not a registered lobbyist. 47 Particular entities not required to be registered (1) The following entities may carry out a lobbying activity without being a registered lobbyist— (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 (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 (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). (2) In this section— non-profit entity means an entity that— (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. 47A [Repealed] 47B [Repealed] Part 3 Applying for registration 48 Who may apply (1) An entity (the applicant) may apply to the integrity commissioner for registration as a lobbyist. (2) The application may be for registration of— (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. 49 Disqualification of individual engaged in dual hatting (1) This section applies to an individual who— (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 (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. (2) This section also applies to an individual who was a registered lobbyist at any time during the inter-election period. (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. Note— See also sections 66H(1)(b) and 66N(2). (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— (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. (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— (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. (6) In this section— general election see the Electoral Act 1992, schedule 1. win, a general election, means form government after the election. 50 Requirements for making application (1) The application must be made in the approved form. (2) The approved form may provide for— (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 (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. (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. (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— (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. spent conviction means a conviction— (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. 51 Deciding application (1) The integrity commissioner must, as soon as practicable after the application is made, decide to approve or refuse to approve the application for— (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. (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. (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— (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; (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. 52 Inquiry about application (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. (2) The further information or document must be given— (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. (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. (4) The information or document under subsection (1) must, if the notice requires, be verified by statutory declaration. 53 Conditions (1) It is a condition of registration of an entity as a lobbyist that— (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. (2) Registration of an entity as a lobbyist is also subject to any other condition the integrity commissioner considers appropriate. 53A [Repealed] 54 Steps after, and taking effect of, decision (1) As soon as practicable after deciding the application, the integrity commissioner must— (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. (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— (a) the day stated in the notice; (b) the day the lobbying register is updated under subsection (1)(b). Part 4 Powers of integrity commissioner 55 Code of conduct (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). (2) The integrity commissioner must publish the registered lobbyists code of conduct on the integrity commissioner's website. (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. (4) The registered lobbyists code of conduct must include a policy relating to conflicts of interest for registered lobbyists. (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. (6) Registered lobbyists must comply with the registered lobbyists code of conduct. 56 Approved training (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. (2) The integrity commissioner must publish a description of the approved training course on the integrity commissioner's website. 57 Directives (1) The integrity commissioner may make a directive about any of the following matters— (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. (2) Registered lobbyists must comply with a directive made under subsection (1). (3) The integrity commissioner must publish each directive made under subsection (1) on the integrity commissioner's website. (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. Part 5 Restrictions on particular lobbying activity Division 1 Dual hatting 58 Registered lobbyist must not perform substantial role in election campaign of political party (1) This section applies to a registered lobbyist. (2) The registered lobbyist must not perform a substantial role in the election campaign of a political party. Division 2 Former representatives 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— (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. 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— (a) Leader of the Opposition; (b) Deputy Leader of the Opposition; (c) staff member in the office of the Leader of the Opposition. 61 Who is a former representative A former representative means— (a) a former senior government representative; or (b) a former Opposition representative. 62 Former representative must not carry out lobbying activity relating to official dealings of previous 2 years (1) This section applies to a person who is a former representative. (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. Part 6 Obligations of representatives 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. 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. Part 7 Information disclosure 65 Registered lobbyist must give notice of change in recorded particulars (1) This section applies if there is a change in the recorded particulars of a registered lobbyist. (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. Note— See also sections 66F(1)(a)(iv), 66H(1)(c)(iv) and 66N(1). (3) If the registered lobbyist is a listed person for an entity— (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. 66 Registered lobbyist must give annual return of recorded particulars (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. Note— See also sections 66F(1)(a)(iv) and 66H(1)(c)(iv). (2) If the registered lobbyist is a listed person for an entity— (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. 66A Individual who is registered lobbyist must give notice of intention to perform substantial role in election campaign (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. (2) The individual must, immediately after forming the intention, give the integrity commissioner a notice stating the individual's intention. Note— See also sections 66F(1)(a)(iv), 66H(1)(c)(iv) and 66N(3). 66B Representative must give integrity commissioner notice if subject to lobbying activity by unregistered person (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. (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. (3) A responsible person for a representative may delegate a function under subsection (2) to an appropriately qualified person. 66C Representative may give integrity commissioner information about lobbying activity (1) This section applies if an entity carries out, or seeks to carry out, a lobbying activity with a representative. (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. (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. (4) A responsible person for a representative may delegate a function under subsection (2) to an appropriately qualified person. 66D Integrity commissioner may require information from registered lobbyist or another person (1) This section applies if the integrity commissioner suspects— (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 con