Chapter 3Current regulatory arrangements for lobbyists in Australia and internationally
3.1In 2018, the then Secretary of the Department of Prime Minister and Cabinet (PM&C), Dr Martin Parkinson AC PSM, noted that the Lobbying Code of Conduct (the Code) is 'an administrative initiative, not a regulatory regime' and as it is 'not enshrined in legislation, therefore it is not compulsory.'
3.2This frank assessment of the regulatory capacity of the Code and the Australian Government Register of Lobbyists (the Register) that sits beneath it came in response to a report into the management of the Register conducted by the Australian National Audit Office (ANAO).
3.3This chapter provides a brief history of lobbying regulations in Australia and sets out the current regulatory arrangements at the Commonwealth level under the Code and the Register, which are now administered by the Attorney-General’s Department.
3.4Neither the Code or the Register have any interaction with the Australian Parliament House (APH) pass system or APH Private Access Area Policy, which are examined in Chapter 4.
A brief history of federal lobbying regulations in Australia
The Lobbyists Registration Scheme (1983-1996)
3.5In 1983, Australia was the third country in the world, behind the United States (US) and Germany, to introduce regulation around lobbying with the Lobbyists Registration Scheme (LRS).
3.6On 14 September 1983, following increased public scrutiny around the role, and associated risks, of lobbyists in government, the Department of the Special Minister of the State published a discussion paper, Lobbyists and the Australian Government and Parliament.
3.7The discussion paper identified a regulatory gap in the field of lobbying following a decade of rapid growth and increasing professionalisation of lobbyists making representations to Commonwealth Government representatives and agencies.
3.8Traditionally, lobbying has been carried out directly by trade unions, individual businesses, and various citizen advocacy groups. However, the 1970s and 1980s saw a rise in industry associations, foreign governments and other overseas interests, lobbying governments through the use of professional firms run by politically connected consultants.
3.9The only regulatory obligations in place in relation to lobbying were the Public Duty and Private Interest—Guidelines and the Guidelines on official conduct of Commonwealth public servants, a previous iteration of the APS Code of Conduct. These documents placed responsibility squarely with government ministers, senior officials and public servants to avoid corruption. However, no such obligations existed for non-Executive parliamentarians, political staffers or lobbyists themselves.
3.10The discussion paper set out an options analysis for the regulation of lobbying in Australia which included:
(1)Self-regulation;
(2)Legislation, as seen operating in the US under the Federal Regulation of Lobbying Act 1946; and
(3)A non-legislative code of conduct.
3.11Cognisant that self-regulation was the expressly preferred option of lobbyists themselves, the authors were clear that 'a legislative scheme would probably be more credible'. However, this option was also 'likely to attract criticism'.
3.12Despite this clear acknowledgment of the superiority of a legislative scheme, the discussion paper ultimately recommended a regulatory approach comprised of a system of public registration complemented by a Code of Conduct.
3.13The LRS was comprised of two confidential registers for lobbyists acting on behalf of domestic and foreign interests respectively.
3.14The LRS was heavily criticised as having 'no teeth' and was lamented as being more of a public relations exercise than a genuine regulatory effort.
3.15In 1996, citing its underuse and subsequent ineffectiveness, the LRS was abolished by the Howard Coalition government.
The Lobbying Code of Conduct (2007-present)
3.16On 6 December 2007, the then Prime Minister Kevin Rudd released an amendment to the Guide on Key Elements of Ministerial Responsibility, ‘Standards of Ministerial Ethics'. Among other things, it announced the establishment of a digitally accessible Register of Lobbyists to be administered by the Department of Prime Minister & Cabinet (PM&C).
3.17On 13 May 2008, Senator the Hon John Faulkner, then Special Minister of State and Cabinet Secretary, tabled in the Senate the Lobbying Code of Conduct and announced the establishment of the Register of Lobbyists.
3.18In his speech to the Senate, Minister Faulkner advised that:
The Lobbying Code of Conduct is intended to promote trust in the integrity of government processes and ensure that contacts between lobbyists and government representatives are conducted in accordance with public expectations of transparency, integrity and honesty.
3.19The Code of Conduct and the Register were administered by PM&C from 2008 to 2019, with the PM&C Secretary as the Senior Responsible Officer.
3.20The Code defines 'lobbying activities' as:
communications with a Government representative in an effort to influence Government decision-making, including the making or amendment of legislation, the development or amendment of a Government policy or program, the awarding of a Government contract or grant or the allocation of funding.
3.21The Code defines a 'lobbyist' as:
any person, company or organisation that conducts lobbying activities on behalf of a third party client or whose employees, contractors or persons otherwise engaged by the person, company or organisation conduct lobbying activities on behalf of a third party client.
3.22In February 2018, the ANAO tabled and subsequently published an independent performance audit report titled Management of the Australian Government’s Register of Lobbyists, which assessed PM&C's administration of the Code and Register.
3.23The audit found that while administration of the Code was 'consistent with the framework agreed by Government', it had only delivered 'a low level of compliance activity.'
3.24The latter finding was further reinforced by the supplementary findings that:
(1)It was not clear from the Department's records how many alleged instances of non-compliance had been reported since 2013; and
(2)No registrants have been removed or suspended from the Register due to non-compliance since 2013 and the results of assessments did not inform future compliance activity.
3.25The recommendation of the Auditor-General was that:
The Department of the Prime Minister and Cabinet review the appropriateness of the current arrangements and Code requirements in supporting the achievement of the objectives established for the Code. To better support the ongoing regulation of lobbyists, PM&C should:
(a)implement a strategy to raise lobbyists' and Government representatives' awareness of the Code and their responsibilities;
(b)assess risks to compliance with the Code and provide advice on the ongoing sufficiency of the current compliance management framework; and
(c)develop a set of performance measures and establish an evaluation framework to inform stakeholders about the extent to which outcomes and broader policy objectives are being achieved.
3.26These recommendations were accepted in part by PM&C,. However, in response to the audit, the then Secretary of PM&C, Dr Parkinson, noted that the Code was 'an administrative initiative, not a regulatory regime' and that 'some elements of the recommendation are better suited to a legislatively based regime that regulates all lobbyists.'
3.27Some months later in May 2018, responsibility for administering the Code was transferred from PM&C to AGD following a machinery of government (MoG) change.
3.28In June 2020, the ANAO tabled and subsequently published an independent follow-up performance audit report, Management of the Australian Government’s Lobbying Code of Conduct — Follow-up Audit which assessed AGD's implementation of the recommendation from the 2018 Auditor-General Report.
3.29In summary, the follow-up audit found that:
(1)AGD had not implemented the recommendation from the 2018 Auditor-General Report;
(2)Governance arrangements to oversee the implementation of the ANAO recommendation were limited in effectiveness;
(3)AGD had not developed a strategy to raise awareness of the Code;
(4)AGD had not systematically assessed risks to compliance with the Code and had not advised Government about the sufficiency of the current compliance framework in meeting the Code’s objectives; and
(5)AGD had not developed an evaluation framework for the Code and had not developed performance measures.
3.30The audit revealed that, while AGD had taken a slightly more proactive approach to compliance activities than PM&C, resulting in the deregistration of eight lobbying organisations in 2020 due to non-compliance, the regulatory arrangements still resembled 'a non-legislated, light touch approach.'
3.31The audit made two recommendations to AGD, related to governance processes for the implementation of recommendations, and the need to evaluate the sufficiency of the current regulatory regime for lobbying.
(1)Attorney-General's Department establish effective governance processes for the implementation of the recommendation made in Auditor-General Report No.27 of 2017–18, Management of the Australian Government’s Register of Lobbyists. This includes ensuring appropriate senior management engagement; that responsible officers understand the recommendation’s intent; and that an implementation plan with achievable activities and milestones is in place; and
(2)Attorney-General's Department evaluate the sufficiency of the current regulatory regime for lobbying, and provide advice to Government about whether the regime is able to achieve the regulatory objective of promoting public trust in the integrity of government processes through ensuring that contact between lobbyists and Government representatives is conducted in accordance with public expectations of transparency, integrity and honesty.
3.32These recommendations were accepted in full by the AGD Secretary.
3.33In 2022, building on the recommendations of the Auditor-General, AGD made several amendments to the Code with the stated objective of enhancing its transparency objective and improving its practical operation.
3.34In effect, these amendments included:
(1)Granting the AGD Secretary greater powers to refuse to register or re-register a lobbyist who has committed a serious breach of the Code;
(2)Creating additional disclosure requirements for former Government representatives to engage in lobbying;
(3)Strengthening the statutory declaration requirements to collect further evidence around prior sentencing, convictions and executive political memberships;
(4)Clarifying lobbyists' reporting obligations under the Code;
(5)Broadening the definition of lobbyists to capture all employees, contractors or persons otherwise engaged; and
(6)Highlighting linkages between the Code and other laws and regulatory frameworks, including, but not limited to, the Statement of Ministerial Standards, the APS Code of Conduct and the Foreign Influence Transparency Scheme Act 2018.
Snapshot of the Register of Lobbyists
3.35The Register is a publicly available, searchable database published on the Attorney-General's website. It contains the names of registered lobbyists, lobbying organisations, their clients and deregistered lobbying organisations.
3.36At 3 April 2024, the Register listed:
691 individual lobbyists;
331 lobbying organisations;
2285 clients; and
186 deregistered lobbying organisations.
3.37The Register does not publish data relating to reported or substantiated breaches of the Code, or actions taken by AGD following substantiated breaches.
3.38The obligation to investigate suspected or reported breaches and the power to utilise the penalty mechanisms to remove or disbar lobbyists and lobbying organisations found to have breached the Code lies with the AGD Secretary.
3.39In their submission, AGD informed the committee that there has been an increase in the number of breach reports over the past few years, increasing from two reports of potential breaches in 2021 to sixteen reports of potential breaches in 2023.
3.40AGD also advised the committee that:
If a breach has occurred, in the vast majority of cases it is resolved through cooperative engagement with the lobbyist.
3.41This cooperative approach to compliance is reflected in a summary of investigations of suspected breaches of the Code provided to the Senate via the Legal and Constitutional Affairs Committee during the 2023–24 Budget estimates. This evidence revealed that in most investigations over the 2022–23 period, the final determination was that 'the department investigated the matter and determined that no further action was required.'
3.42In light of these efforts, former Secretary Parkinson's observations remain both accurate and relevant:
Unlike some other Australian jurisdictions, the Australian Government Register of Lobbyists and the associated Code of Conduct is not enshrined in legislation, therefore it is not compulsory for lobbyists to register.
Regulatory frameworks across Australian jurisdictions
New South Wales
3.43In 2010, the New South Wales Independent Commission Against Corruption (NSW ICAC) investigated the lobbying of public officials and public authorities in New South Wales (NSW) and the related procedures and regulatory system.
3.44The subsequent report titled NSW public sector—lobbying of public officials and public authorities (Operation Halifax) made 17 recommendations centred on establishing a new lobbying regulatory scheme for NSW. This scheme would require greater transparency of lobbying activity through new legal requirements for lobbyists to be registered, and for the occurrence of meetings and other communications between lobbyists and government representatives to be recorded and made publicly available.
3.45In 2011, the NSW Parliament passed the Lobbying of Government Officials Act 2011, which established a Lobbyists Code of Conduct (NSW Code) and a Register of Third-Party Lobbyists, both of which are administered by the NSW Electoral Commission under the Ministerial responsibilities of the Premier and the Special Minister of State.
3.46The Act defines a lobbyist as either:
(a)a third-party lobbyist, or
(b)any other individual or body that lobbies Government officials (including an individual engaged to undertake lobbying for a third-party lobbyist).
3.47It is important to note that although the NSW Code applies to both third-party and other lobbyists, only third-party lobbyists are required to register.
3.48Under the Act, the NSW Electoral Commission can impose sanctions for a breach of, or non-compliance with, the NSW Code. This was in response to the recommendation from the NSW ICAC that:
an independent government entity, maintains and monitors the Lobbyists Register, and that sanctions be imposed on Third-party lobbyists and Lobbying Entities for failure to comply with registration requirements.
3.49In 2021, the NSW ICAC conducted another investigation into the regulation of lobbying, access, and influence in NSW, assessing the effectiveness of, and opportunities to improve, the Lobbying of Government Officials Act 2011, as well as the broader approach to managing risks associated with lobbying and influencing practices.
3.50The subsequent report, Lobbying and the NSW public sector—the regulation of lobbying, access and influence in NSW (Operation Eclipse), made 29recommendations to address identified shortfalls in the Act and to improve the regulation of lobbying in NSW.
3.51The Lobbying of Government Officials Act 2011 has not been amended since the release of Operation Eclipse.
Victoria
3.52In 2009, Victoria established the Victorian Government Professional Lobbyist Code of Conduct (Victorian Code) and a Register of Lobbyists, both of which were initially administered by the Public Sector Standards Commissioner. This position has since been transitioned to become the Victorian Public Sector Commissioner.
3.53In 2013, the Victorian Code was amended to:
(1)extend registration requirements to government affairs directors via the creation of a Register of Government Affairs Directors administered by the Victorian Public Sector Commissioner; and
(2)ban success fees for lobbyists, government affairs directors or companies found to have received or given a success fee on the tendering or awarding of a public project from the Victorian Government or a Victorian Public Sector body.
3.54The Victorian Code defines a lobbyist as:
any person, company or organisation who conducts lobbying activities on behalf of a third-party client or whose employees conduct lobbying activities on behalf of a third-party client, but does not include:
(1)charitable, religious and other organisations or funds that are endorsed as deductible gift recipients;
(2)non-profit associations or organisations constituted to represent the interests of their members that are not endorsed as deductible gift recipients;
(3)individuals making representations on behalf of relatives or friends about their personal affairs;
(4)members of trade delegations visiting Australia;
(5)persons who are registered under an Australian Government scheme regulating the activities of members of that profession, such as registered tax agents, customs brokers, company auditors and liquidators, provided that their dealings with Government representatives are part of the normal day to day work of people in that profession;
(6)members of professions, such as doctors, lawyers or accountants, and other service providers, who make occasional representations to Government on behalf of others in a way that is incidental to the provision by them of their professional or other services. However, if a significant or regular part of the services offered by any person employed or engaged by a firm of lawyers, doctors, accountants or other service providers involves lobbying activities on behalf of clients of that firm, the firm offering those services must register and identify the clients for whom they carry out lobbying activities; and
(7)representatives of other Governments, or Government agencies or Inquiries.
3.55The Victorian regulations are not legislated and the primary enforcement mechanism for a breach or non-compliance is deregistration.
Queensland
3.56In 2009, Queensland passed the Integrity Act 2009, which established a Lobbyists Code of Conduct (QLD Code) and legislated the existing Lobbying Register, both of which are administered by the Office of the Queensland Integrity Commissioner.
3.57The Act defines a lobbyist as:
an entity that carries out a lobbying activity for a third-party client or whose employees or contractors carry out a lobbying activity for a third-party client.
3.58Under the Act, the Integrity Commissioner is empowered to impose sanctions for a breach of, or non-compliance with, the QLD Code.
Western Australia
3.59In 2007, Western Australia became the first Australian jurisdiction to introduce lobbying regulations with the Contact with Lobbyists Code (WA Code) and the Register of Lobbyists, administered by the Director General of the Department of the Premier & Cabinet.
3.60Both the WA Code and the Register were later legislated in 2016 under the Integrity (Lobbyists) Act 2016,with administrative responsibility transitioning to the Public Sector Commissioner.
3.61The Act defines a lobbyist as:
(a)a person whose business consists of or includes undertaking lobbying activities on behalf of another person;
(b)a person who employs or engages one or more persons to undertake lobbying activities on behalf of another person; or
(c)a person who is employed or engaged by a person to undertake lobbying activities on behalf of another person.
3.62Although the Act does not specify, the WA Code makes clear that the regulations only apply to lobbyists acting on behalf of a third-party client or clients.
3.63Under the Act, the Public Sector Commissioner is empowered to impose sanctions for a breach of, or non-compliance with, the WA Code.
South Australia
3.64In 2009, South Australia established an administrative Lobbyists Code of Conduct (SA Code ) and a Lobbying Register, both of which were legislated in 2015 under the Lobbyists Act 2015.Both instruments are administered by the Department of Premier & Cabinet.
3.65The definition in the Act provides that:
a person will be taken to engage in lobbying if the person, for money or other valuable consideration, communicates with a public official (in person, in writing or by telephone or other electronic means) on behalf of a third-party for the purpose of influencing the outcome of—
(a)legislation, or a government decision or policy, whether existing or proposed; or
(b)an application for any approval, consent, licence, permit, exemption or other authorisation or entitlement under any Act or law of this State; or
(c)the awarding of a contract or grant or the allocation of funding; or
(d)any other exercise by the official of his or her functions or powers,
(whether the person is acting as a principal in so communicating or as an employee or agent of another).
3.66The SA Code provides further clarification around exclusions to the definition of lobbyist, which includes:
(1)persons, companies or organisations lobbying on their own behalf rather than for a client;
(2)charitable, religious or other organisations that may receive tax deductible donations or gifts;
(3)non-profit organisations that represent the interests of their members;
(4)individuals making representations on behalf of relatives of friends about personal affairs;
(5)members of trade delegations;
(6)registered tax agents, customs brokers, company auditors and similar professionals in the course of their normal profession;
(7)members of other professions that make occasional representations to Government on behalf of others provided this is only incidental to their professional services; and
(8)representatives of other Governments.
3.67Under the Act, the Chief Executive of the Department of Premier & Cabinet, or their delegate, is empowered to impose sanctions for a breach of, or non-compliance with, the SA Code.
Tasmania
3.68In 2009, Tasmania established the Lobbying Code of Conduct (Tasmanian Code) and a Register of Lobbyists, both of which were initially administered by the Department of Premier & Cabinet.
3.69In 2022, responsibility for administering the Tasmanian Code and the associated Register transferred from the Department of Premier & Cabinet to the Integrity Commission.
3.70The Tasmanian Code defines a lobbyist as:
any person, company or organisation who conducts lobbying activities on behalf of a third-party client or whose employees conduct lobbying activities on behalf of a third-party client, but does not include:
(1)charitable, religious, and other organisations or funds that are endorsed as deductible gift recipients;
(2)non-profit associations or organisations constituted to represent the interests of their members that are not endorsed as deductible gift recipients;
(3)professional associations, guilds, trade, or union bodies who represent a class of professions, tradespersons, employers, or other workforce entities;
(4)individuals making representations on behalf of relatives or friends about their personal affairs;
(5)members of trade delegations visiting Tasmania;
(6)persons who are registered under an Australian Government scheme regulating the activities of members of that profession, such as registered tax agents, Customs brokers, company auditors and liquidators, provided that their dealings with Government representatives are part of the normal day to day work of people in that profession; and
(7)members of professions, such as doctors, lawyers or accountants, and other service providers, who make occasional representations to Government on behalf of others in a way that is incidental to the provision to them of their professional or other services. However, if a significant or regular part of the services offered by a person employed or engaged by a professional practice or other service provider involves lobbying activities on behalf of clients of that practice or service, the practice or service provider and the person offering those services must register and identify the clients for whom they carry out lobbying activities.
3.71The Tasmanian regulations are not legislated and the primary enforcement mechanism for a breach or non-compliance is deregistration.
Australian Capital Territory
3.72In 2015, the Australian Capital Territory (ACT) government introduced the ACT Lobbying Code of Conduct and the ACT Register of Lobbyists, both of which are administered by the Legislative Assembly.
3.73The ACT Code defines a lobbyist as:
Any person, company or organisation who conducts lobbying activities on behalf of a third-party, or whose employees or other personnel conduct lobbying activities on behalf of a third-party, where such lobbying activities are ordinarily carried out in the expectation of receiving direct or indirect financial reward or other valuable consideration whether or not the amount thereof is ascertainable at the time such activities are conducted.
3.74The ACT regulations are not legislated and the primary enforcement mechanism for a breach or non-compliance is deregistration.
Northern Territory
3.75The Northern Territory is the only state or territory jurisdiction in Australia not to have a lobbyist register or any regulation around lobbying.
3.76This regulatory gap has been a topic of debate in the lead up to the August 2024 Northern Territory election, though no plans to introduce lobbying regulations have been announced by the territory government.
International regulatory frameworks
3.77Globally, only a minority of countries have implemented regulatory frameworks around lobbying, with varying degrees of robustness.
3.78In 2010, the Organisation for Economic Cooperation and Development (OECD) adopted the OECD Principles for Transparency and Integrity in Lobbying which provided governments and decision-makers with guidance on fostering transparency and integrity in lobbying.
3.79In 2021, the OECD published a progress report taking stock of the progress that countries had made against the principles. The progress report found that of the 41 countries analysed by the OECD in 2021, only 23 provided some level of transparency over lobbying activities.
3.80Data collected in 2022 further revealed that of those countries with regulatory frameworks around lobbying only:
12 provided some level of transparency through a publicly available lobbying register; and
10 retained mechanisms to impose sanctions in the case of breaches of transparency and integrity standards defined in the regulatory framework.
3.81Although Australia fares reasonably favourably by international standards, it would be inaccurate to suggest it exemplifies best practice internationally.
3.82In 2003, the US think tank the Centre for Public Integrity (CPI) developed an assessment tool to compare the relative strengths and weaknesses of lobbying regulations across the various US states. The general finding of this independent review was that regulations founded on legislation resulted in stronger outcomes and that regulations that relied solely on administrative registration, or 'paperwork' schemes, resulted in the weakest outcomes.
3.83In 2019, academics Raj Chari, John Hogan, Gary Murphy, and Michele Crepaz applied the CPI assessment tool to lobbying regulations across 22 countries, developing both a CPI score and a theoretical classification of either high-, medium- or low-robustness.
3.84Their analysis classified Australia's federal lobbying regulations as medium-robustness, with a CPI score of 33. The only country to achieve high-robustness was the US, with a CPI score of 62.
3.85One of the key lessons that Australia can learn from its international counterparts is that legislated regulations significantly improve compliance outcomes. The case studies below summarise the approaches taken by countries that outperformed Australia on the CPI metric. Importantly, they all regulate lobbyists by way of legislated schemes.
United States
3.86In 1946, the US became the first country in the world to introduce lobbying regulations under the Federal Regulation of Lobbying Act of 1946.
3.87The 1946 Act was replaced by the Lobbying Disclosure Act of 1995, which remains in place today, administered by the Secretary of the Senate and Clerk of the House of Representatives.
3.88The Act defines a lobbyist as:
any individual who is employed or retained by a client for financial or other compensation for services that include more than one lobbying contact, other than an individual whose lobbying activities constitute less than 20 percent of the time engaged in the services provided by such individual to that client over a six month period.
3.89Unlike in the majority of Australian jurisdictions, this definition does not preclude in-house or consultant lobbyists and instead rests on the proportion of time spent lobbying.
3.90Under the Act, both the Secretary and the Clerk are empowered to impose sanctions for a breach of, or non-compliance with, the Act, including fines of up to US $50,000, depending on the extent and gravity of the violation.
Canada
3.91In 1989, Canada passed the Lobbyists Registration Act, requiring all paid lobbyists to register their names, clients and the details of their meetings and communications with government officials with the Deputy Registrar General, with secondary administrative responsibilities held by the Ethics Counsellor.
3.92The Act underwent a series of amendments in 1995, 1997, 2002, 2003, 2004, 2005 and 2006 until it was renamed as the Lobbying Act in 2008 when administration was transitioned to the newly created Office of the Commissioner for Lobbying of Canada.
3.93The Act defines a lobbyist as someone who:
for payment, on behalf of any person or organization (in this section referred to as the “client”), undertakes to:
(a)communicate with a public office holder in respect of:
(i)the development of any legislative proposal by the Government of Canada or by a member of the Senate or the House of Commons,
(ii)the introduction of any Bill or resolution in either House of Parliament or the passage, defeat or amendment of any Bill or resolution that is before either House of Parliament,
(iii)the making or amendment of any regulation as defined in subsection 2(1) of the Statutory Instruments Act,
(iv)the development or amendment of any policy or program of the Government of Canada,
(v)the awarding of any grant, contribution or other financial benefit by or on behalf of Her Majesty in right of Canada, or
(vi)the awarding of any contract by or on behalf of Her Majesty in right of Canada; or
(b)arrange a meeting between a public office holder and any other person.
3.94Under the Act, the Commissioner for Lobbying is empowered to impose sanctions for a breach of, or non-compliance with, the Act including fines and imprisonment.
Chile
3.95In 2014, after 11 years of unsuccessful legislative efforts, Chile passed Law 20730: Regulates the Lobby and Other Measures that Represent Interests Individuals Before Authorities and Officials, establishing a lobbyists register administered by the Parliamentary Ethics Commission and the Transparency Commission.
3.96The Law defines a lobbyist as someone who engages in:
remunerated management or activity, carried out by natural or legal persons, Chilean or foreign, whose purpose is to promote, defend or represent any particular interest, to influence the decisions that, in the exercise of their functions, they must adopt.
3.97Under the Law, the Parliamentary Ethics Commission and the Transparency Commission are empowered to impose sanctions for a breach of, or non-compliance.
Ireland
3.98In 2015, Ireland passed the Regulation of Lobbying Act 2015 establishing a Code of Conduct and a Register of Lobbying, administered by the Standards in Public Office Commission.
3.99The Act defines a lobbyist as someone who:
(a)makes, or manages or directs the making of, any relevant communications on behalf of another person in return for payment (in money or money’s worth) in any of the circumstances in which subsection (2) applies to that other person;
(b)makes, or manages or directs the making of, any relevant communications in any of the circumstances in which subsection (2) applies to the person; or
(c)makes any relevant communications about the development or zoning of land under the Planning and Development Acts 2000 to 2014.
The circumstances in which this subsection applies to a person are that—
(a)the person has more than 10 full-time employees and the relevant communications are made on the person’s behalf;
(b)the person has one or more full-time employees and is a body which exists primarily to represent the interests of its members and the relevant communications are made on behalf of any of the members; or
(c)the person has one or more full-time employees and is a body which exists primarily to take up particular issues and the relevant communications are made in the furtherance of any of those issues.
3.100Under the Act, the Standards in Public Office Commission is empowered to impose sanctions for a breach of, or non-compliance with the Code, including fines and up to two-years imprisonment.