3. Definitions

3.1 Government Affairs Director

Government Affairs Director means a person who makes regular enquiries, advocates changes to public policy, or seeks specific assistance from government for a wide variety of reasons, in a paid capacity of an organisation or business or professional or trade association.

3.2 Government Representative

Government Representative means a:

(a) Minister;

(b) Cabinet Secretary;

(c) Parliamentary Secretary;

(d) Ministerial officer employed under s98 of the Public Administration Act 2004;

(e) person seconded or otherwise placed, contracted or engaged in a Ministerial office;

(f) person employed, contracted or engaged by a public sector body as defined in the Public Administration Act 2004.

3.3 Lobbying activity

Lobbying activity means any contact (including telephone contact, electronic mail contact, written mail contact, or face to face meetings) with a Government Representative in an effort to influence Government decisionmaking, 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, but does not include:

(a) communications with a committee of the Parliament;

(b) communications with a Minister, Cabinet Secretary or Parliamentary Secretary in his or her capacity as a local Member in relation to nonministerial responsibilities;

(c) communications in response to a call for submissions;

(d) petitions or communications of a grassroots campaign nature in an attempt to influence a Government policy or decision;

(e) communications in response to a request for tender;

(f) statements made in a public forum; or

(g) responses to requests by Government Representatives for information.

3.4 Lobbyist

Lobbyist means 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:

(a) charitable, religious and other organisations or funds that are endorsed as deductible gift recipients

(b) non-profit associations or organisations constituted to represent the interests of their members that are not endorsed as deductible gift recipients

(c) individuals making representations on behalf of relatives or friends about their personal affairs

(d) members of trade delegations visiting Australia

(e) 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

(f) 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

(g) representatives of other Governments, or Government agencies or Inquiries. 

For the avoidance of doubt, a Lobbyist does not include any person, company or organisation, or the employees of such a company or organisation, engaging in lobbying activities on their own behalf rather than for a client, and this Code does not require any such person, company or organisation to be recorded in the Register of Lobbyists unless that person, company or organisation or its employees also engage in lobbying activities on behalf of a client or clients.

3.5 Lobbyist’s details

Lobbyist's details means:

(a) in relation to a Lobbyist – the information described in clause 5.1;

(b) in relation to a Government Affairs Director – the information described in clause 5.1(e) 

3.6 Success fee

Success fee means an amount of money or other valuable consideration, the receipt of which is contingent on the tendering or awarding of a public project from the Victorian Government or a public sector body as defined in the Public Administration Act 2004