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For Government Representatives

The Lobbying Code of Conduct defines government representatives as:

• a Minister; a Parliamentary Secretary;
• a person employed or engaged by a Minister or a Parliamentary Secretary under the Members of Parliament (Staff) Act 1984;
• an Agency Head or a person employed under the Public Service Act 1999
• a person engaged as a contractor or consultant by an Australian Government agency whose staff are employed under the Public Service Act 1999; or
• a member of the Australian Defence Force.

The Code states that Government representative shall not knowingly and intentionally be a party to lobbying activities by:

• a Lobbyist who is not on the Register of Lobbyists;
• an employee of a lobbyist, or a contractor or person engaged by a lobbyist to carry out lobbying activities whose name does not appear in the lobbyist's details noted on the Register of Lobbyists in connection with the lobbyist; or
• a lobbyist or an employee of a lobbyist, or a contractor or person engaged by a lobbyist to carry out lobbying activities who, in the opinion of the Government representative, has failed to observe any of the requirements of clause 8.1(e).

A lobbyist who fails to meet the requirements of clause 8.1(e) would be in breach of the Code and you should decline to meet with them. Clause 9.1 of the Code requires you to report any breaches of the Code to the Secretary of the Department of the Prime Minister and Cabinet.

See also Checklist for Government Representatives

Prohibition on lobbying

Under the Code, persons who, after 6 December 2007, retire from office as a Minister or a Parliamentary Secretary, shall not, for a period of 18 months after they cease to hold office, engage in lobbying activities relating to any matter that they had official dealings with in their last 18 months in office.

The Code also states that persons who were, after 1 July 2008, employed in the Offices of Ministers or Parliamentary Secretaries under the Members of Parliament (Staff) Act 1984 at Adviser level and above, members of the Australian Defence Force at Colonel level or above (or equivalent), and Agency Heads or persons employed under the Public Service Act 1999 in the Senior Executive Service (or equivalent), shall not, for a period of 12 months after they cease their employment, engage in lobbying activities relating to any matter that they had official dealings with in their last 12 months of employment.