Information for Lobbyists

What is lobbying

The Lobbying Code of Conduct (Code) defines lobbying activities as communications with Australian Government representatives to influence federal government decision-making.

This includes decisions about:

• making or changing legislation
• developing or changing a government policy or program
• awarding government contracts or grants
• allocating funding.

What is not lobbying

Some interactions with Australian Government representatives are not considered lobbying.

For example:

• communicating with a Parliamentary Committee
• providing information at the request of an Australian Government representative
• communicating with a minister in the context of their responsibilities as a local member.

When to register as a lobbyist

Lobbying is a legitimate, democratic activity. However, it must be done transparently. It is important that Australian Government representatives know whose interests you – as a lobbyist – are representing.

You must register on the Australian Government Register of Lobbyists (Register) and comply with the Code’s requirements if:

•  you are acting on behalf of third-party clients for the purpose of lobbying Australian Government representatives
• none of the Code’s exemptions apply.

Exemptions

Some people and groups are excluded from the Code's definition of a lobbyist. These include:

• charities and religious organisations
• non-profit organisations and member-based associations, such as peak bodies
• individuals making representations on behalf of relatives or friends
• members of foreign trade delegations
• people already registered under a Commonwealth scheme regulating their profession’s contact with government representatives (such as tax agents and customs brokers) who make representations to government on behalf of clients
• service providers, such as lawyers, doctors, and accountants who make occasional representations to government on behalf of clients in a way that is incidental to the delivery of their professional services.

In-house lobbyists

In-house lobbyists are employees who lobby on behalf of the organisation that employs them.

The Code does not apply to in-house lobbyists because it is already clear to Australian Government representatives whose interests they represent.

Contractors and consultants

The Code applies to contractors engaged by an organisation to conduct lobbying on behalf of a third-party client.

However, the Code does not apply to contractors engaged as in-house lobbyists as it is sufficiently clear whose interests these lobbyists represent.

State, territory and opposition representatives

The Code only applies to federal Government representatives.

It does not apply to:

• state or territory government representatives
• shadow ministers or their advisors.

If you want to lobby at the federal level, you must register on the federal Register of Lobbyists, even if you are already registered at a state or territory level.

Your obligations as a lobbyist

 The Australian Government expects you to comply with the requirements, spirit and intention of the Code.

It is your responsibility to work out whether:

• your activities fall under the scope of the Code
• you need to register as a lobbyist.

Before you contact an Australian Government representative

Before you contact an Australian Government representative, you must:

• register yourself and your client(s) on the Register
• make sure your registration details are up to date.

This applies whether or not you present yourself as a lobbyist.

Australian Government representatives are not allowed to engage with you if you or your clients are unregistered.

Disclosure obligations – first contact

When you first make contact with an Australian Government representative, you must clearly communicate:

• that you are a registered lobbyist
• the name of your registered client
• the nature of the matter your client wants you to raise
• that you are complying with your prohibition period obligations (if you are a former Australian Government representative in your prohibition period).

If you fail to disclose any of this information, you are in violation of the principles of engagement and in breach of the Code.

We have developed a checklist for lobbyists engaging with Australian Government representatives to help you meet your obligations under the Code when first contacting an Australian Government representative.

Who is an Australian Government representative

An Australian Government representative includes:

• a minister, assistant minister or ministerial staffer
• an agency head
• a person employed in the Australian Public Service
• a person engaged as a contractor or consultant by an Australian Government agency
• a member of the Australian Defence Force.

Australian Government representatives are prohibited from having contact with unregistered lobbyists.

What are the Principles of engagement

The Code requires you to uphold 5 principles of engagement when interacting with Australian Government representatives. These principles are:

• Make truthful and accurate statements.
• Do not make misleading or exaggerated claims.
• Do not engage in corrupt, dishonest, illegal or unlawful conduct.
• Keep lobbying activity and any personal activity or involvement on behalf of a political party separate.
• When making first contact with an Australian Government representative you must meet your disclosure obligations.

In practice this means that you must:

• register both you and your client before making contact
• update your details within 10 business days of any change.

Failure to comply with any of these obligations may result in you being removed from the Register.

Register as a lobbyist

Registration is free and takes around 10 to 20 minutes to complete.

To register:

1. Go to the registration portal.
2. Click on ‘my account’ in the top right-hand corner of the screen.
3. Click on ‘create account’ and enter the requested details.
4. Verify your email.
5. Log in and complete the registration form.

You will be asked to provide:

• Your organisation ABN and trading name (for businesses)
• Owner(s) name (or business name)
• Details and documents for all lobbyists representing your organisation including:
  • first and last name
  • position title
  • contact email
  • completed statutory declarations (see section 10 of the Code)
• All client names and ABNs
• For any lobbyists who are former Australian Government representatives, you will also need to provide:
  • the title of their previous position
  • the date that they ceased working in this position.

This information will be included in the public Register.

We generally process applications within 5 working days of receiving all necessary documentation, including a statutory declaration.

You are not registered until your registration has been published on the publicly available Register.

Updating your registration

Under the Code, you must make sure that your details are up to date on the Register.

If your details change (for example, you take on a new client or cease to represent an existing client), you must update them within 10 business days.

You will also be asked to review your details twice each year: on 1 February and on 1 July.

You have up to 10 business days from either date to make any updates.

If you do not meet these requirements, you may be removed from the Register.

How to update your details

To update your details, contact the responsible officer within your organisation.

If you are the responsible officer for your organisation, sign in to your Register account and make the necessary updates.

Minimum 3-month listing for clients

Clients must remain on the Register for at least 3 months to ensure transparency, including for short‑term arrangements.

Statutory declarations

If you intend to lobby an Australian Government representative on behalf of a third-party client, you must provide a statutory declaration.

This statutory declaration must declare that you:

• have never been sentenced to a term of imprisonment of 30 months or more
• have not been convicted, as an adult, in the last 10 years, of an offence, one element of which involves dishonesty, such as theft or fraud
• are not a member of a state or federal political party executive, state executive or administrative committee (or the equivalent body)
• have not previously committed a serious breach of the Code.

If you cannot make this statutory declaration you are not eligible to register as a lobbyist.

How to submit a statutory declaration

You can access a template statutory declaration on the register portal when adding a lobbyist. Upload and submit your completed statutory declarations on the register portal.

You must complete all sections of the statutory declaration form. You must also make sure that your declaration is witnessed by an appropriately qualified person.

Incomplete or invalid statutory declarations may delay the registration process.

Find out more about statutory declarations.

Former Australian Government representatives

If you are an Australian Government representative who:

• no longer holds public office, or
• is no longer employed by the Australian Government

you are classified as a former Australian Government representative.

Under the Code you may:

• be required to register as a lobbyist if you have contact with current Australian Government representatives and intend to engage in lobbying
• be prohibited from lobbying on certain matters for a specified period after leaving office or ceasing employment with the Australian Government.

Prohibition periods

Under the Code, if you are a former Australian Government representative who has retired from office as a:

• minister, or
• assistant minister

you are prohibited from engaging in lobbying activities relating to any matter that you had official dealings with in your last 18 months in office, for a period of 18 months after you leave office.

Additionally, if you are a former Australian Government representative who was:

• employed in the office of a minister or assistant minister under the Members of Parliament (Staff) Act 1984 at the level of adviser or above
• an agency head
• an Australian Public Service (APS) employee under the Public Service Act 1999 in the Senior Executive Service (or equivalent), or
• a member of the Australian Defence Force at the level of colonel or above (or equivalent)

You are prohibited from engaging in lobbying activities relating to any matter that you had official dealings with in your last 12 months of employment, for a period of 12 months after ending your employment.

If you are subject to a temporary prohibition, when making first contact with an Australian Government representative you must:

• make sure your proposed lobbying activity is consistent with what you can and can’t do while in your prohibition period
• advise the Australian Government representative that the proposed lobbying activity is consistent with your prohibition period obligations.

International lobbyists and clients

The Code applies to all third‑party lobbyists, whether they are based in Australia or overseas.

This includes:

• foreign lobbying organisations
• lobbyists who are employed, contracted or engaged by foreign organisations
• international clients represented by domestic or foreign lobbyists.

The Code also applies to international clients. This means that if a domestic or international lobbyist is engaged to represent an international client, they must register the client before they can engage in any lobbying activities with Australian Government representatives.

Foreign Influence Transparency Scheme

As well as complying with the Code, you should also check whether you have any obligations under the Foreign Influence Transparency Scheme Act 2018 (FITS Act).

You may be required to register on the Foreign Influence Transparency Scheme register if you are undertaking lobbying activities in Australia, on behalf of a foreign principal, for the purpose of influencing a federal political or governmental process.

Find out more about the Foreign Influence Transparency Scheme. Failing to register when required to do so under the FITS Act may attract criminal penalties.

Breaches of the Code

Breaches of the Code can include:

• an unregistered lobbyist trying to lobby an Australian Government representative
• a former Australian Government representative lobbying on prohibited matters during their prohibition period
• a registered lobbyist representing a client not listed on the Register
• a registered lobbyist with incomplete or inaccurate information on the Register
• a registered lobbyist failing to uphold the principles of engagement, such as by:
  • engaging in corrupt, dishonest or illegal conduct
  • failing to keep their lobbying separate from any personal activity or any involvement they may have with a political party
  • not meeting their disclosure obligations when making first contact with an Australian Government representative.

Report a breach of the Code

You should immediately alert us of any suspected breaches of the Code. To do this you can either:

• submit a report a breach form
• contact the Lobbyist Register team directly.

If you breach the Code

Lobbyists who have breached the Code may be removed from the Register.

Lobbyists who have committed a serious breach of the Code may be prevented from registering or re-registering for up to 3 months.

Serious breaches of the Code include:

• engaging in unregistered lobbying
• failing to uphold the principles of engagement.

Attorney-General’s powers to prevent registration and remove a lobbyist

We conduct due diligence checks on lobbyist applications. If your application raises potential integrity issues, we may refer your application to the Attorney-General for consideration.

We may also refer your ongoing registration to the Attorney-General for consideration where we become aware of a potential integrity issue after you are registered.

Under subsections 13(4) and 14(3) of the Code, the Attorney-General has the authority to direct our Secretary to prevent your registration and remove you from the Register.

As an example, the Attorney-General may consider exercising these powers if you engaged in corrupt, dishonest or unethical conduct that means either:

• there is a risk that you will not follow the standards and requirements set out in the Code
• your registration may undermine trust in the integrity of government processes.

Before issuing a direction, the Attorney-General will explain to you the reasons why they have decided to do so. They will also provide you with an opportunity to respond.

Checklist for lobbyists engaging with Australian Government representatives

This checklist helps you meet your obligations under the Code when making first contact with an Australian Government representative with the intention of conducting lobbying activities.

It also applies to requests for meetings where the purpose of the meeting is to conduct lobbying activities.