Regulating the influencers: the evolution of lobbying regulation in Australia

Although lobbying is integral to democratic representation, there are
concerns regarding the undue influence of professional lobbyists, which
may ultimately lead to corrupt conduct by lobbyists and/or officials. In
recent times, there has been an increasing emphasis on legal regulation
in order to address the democratic risks of lobbying. This article develops
a conceptual framework to evaluate lobbying regulation based on the
form of regulation, the standards it imposes, and compliance processes.
It explores the history and evolution of lobbying regulation in Australian
federal and state jurisdictions. The author identifies three distinct phases of
lobbying regulation in Australia: the initial phase of minimalist executive
regulation; stronger executive regulation of third party lobbyists; and
finally, the rise of legislative regulation of third party lobbyists. It is shown
that within the Australian federation, there is evidence of policy transfer
across jurisdictions, as well as disparate regulatory innovations in the
standards of enforcement and compliance processes. However, lobbying
regulation remains narrowly focussed due to the effective advocacy of
lobbyists.