A NSW minister has launched an extraordinary attack on a key national retailers' association, accusing it of secrecy and demanding it "come clean" about which companies it is being paid by to lobby the government.
The attack by better regulation minister Matt Kean coincides with legislation due to pass NSW parliament on Wednesday forcing retailers to set the expiry of gift cards to at least three years, up from the present one year for most.
NSW Fair Trading estimates consumers are losing about $60 million a year due to expired gift cards.
The move has been condemned by the Australian Retailers Association, whose executive director Russell Zimmerman warned it "places an unnecessary regulatory burden and significant additional administrative costs" on businesses.
But Mr Kean told Fairfax Media his efforts to consult directly with retailers represented by Mr Zimmerman's association had been thwarted as the department had been unable to find out who they are.
Mr Kean said Mr Zimmerman "is effectively a lobbyist".
"There are important disclosure obligations for lobbyists, but the secretive Australian Retailers Association won't tell anyone who it works on behalf of, or who pays its fees," he said.
In NSW, lobbyists who are acting on behalf of a third party must register their details, including the names of who they are lobbying on behalf, with the NSW Electoral Commission.
However, executives employed by a company who lobby government do not.
As a minister, Mr Kean is required to regularly publish details of who he meets with and the issues that are discussed.
"As a minister, I have to remain open and accountable and Russell should be the same," he said.
Mr Kean called on Mr Zimmerman to "come clean and tell consumers who you work for so they know which businesses want to pocket their cash instead of extending expiry dates on gift cards."
In an apparent message to individual retailers effected by the change, he added: "You don't need a lobbyist or Russell to see me. My door is always open, especially to people or businesses who want to put consumers first.
Mr Zimmerman said the association had never published its membership because of the concern that suppliers to the industry would go directly to them instead of through the ARA.
He added there was nothing to stop Mr Kean from calling retailers to consult, whether they are an ARA member or not as "it's not just the membership we are concerned about. It's the industry we are concerned about".
Mr Zimmerman said he wished Mr Kean had been willing to call for submissions on the issue that would raise jurisdictional issues for national retailers and seriously consider a code of conduct.
"He has been far from helpful on this," he said.
