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2015-05-26 Planning & Organisation Committee Agenda

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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA     26 MAY 2015




                                                   Page 160 of 171

COUNCIL POLICY — CONTACT WITH LOBBYISTS

The focus of this Policy is on lobbying activities conducted by lobbyists (as defined below) however
it is important to note that in certain circumstances, such as, Council's Expression of Interest and
Tender Process, the act of lobbying (attempting to influence a decision) a Councillor or Council
Officer may not be permitted under any circumstances whether it is conducted by a lobbyist (as
defined below) or an individual acting on their own behalf.
This Policy should be read in conjunction with Council's Development Assessment — Roles and
Responsibilities of Councillors and Council Officers Policy, which provides specific guidance for
Councillors and Council Officers involvement in discussions with parties having a direct material
interest in any particular development proposal or development application.
DEFINITIONS
A lobbyist is an entity such as a body corporate, partnership, unincorporated body, individual or
trustee 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.
A third party client is an entity that engages another entity to provide services constituting, or
including, a lobbying activity for a fee or other reward that is agreed to before the other entity
provides the services.
The following entities, or an employee or contractor of, or person otherwise engaged by such
entities, are not considered lobbyists:
«   A non-profit entity;
e   An entity constituted to represent the interests of its members (for example, an employer
    group, a trade union, a professional body such as the Queensland Law Society);
e   Members of trade delegations visiting Queensland;
e   Anentity carrying out incidental lobbying activities;
e   An entity carrying out a lobbying activity only for the purpose of representing that entity's own
    interests.
A non-profit entity is an entity that is not carried on for the profit or gain of its individual members
(for example, a charity, church, club or environmental protection society).
An entity carries out incidental lobbying activities if the entity undertakes, or carries on a
business primarily intended to allow individuals to undertake, a technical or professional
occupation in which lobbying activities are occasional only and incidental to the provision of
professional  or  technical   services.  Examples    of  incidental lobbying   activities include:
e   An entity carrying on the business of providing architectural services, as or by using, a
    practicing architect under the Architects Act 2002.
e   An entity carrying on the business of providing professional engineering services as, or by
    using, a registered professional engineer under the Professional Engineers Act 2002;
e   Anentity carrying on the business of providing legal services as an Australian legal practitioner
    or a law practice under the Legal Profession Act 2007;
e   An entity carrying on the business of providing accounting services as, or by using, an
    accountant who holds a practising certificate issued by CPA Australia, the Institute of
    Chartered Accountants in Australia or the Institute of Public Accountants.

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