Foreign Influence Transparency Scheme (Disclosure in Communications Activity) Rules 2018 (Cth)
made under section 71 of the
This is a compilation of the
The notes at the end of this compilation (the
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
This instrument is the
Foreign Influence Transparency Scheme (Disclosure in Communications Activity) Rules 2018 .
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
The whole of this instrument | At the same time as the | 10 December 2018 |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
This instrument is made under the
Foreign Influence Transparency Scheme Act 2018 .
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) communications activity;
(b) foreign principal;
(c) on behalf of;
(d) person.
In this instrument:
Act means theForeign Influence Transparency Scheme Act 2018 .
digital banner advertising includes both of the following:
(a) displaying a static or dynamic banner on a website accessed using an internet browser;
(b) causing a video to stream when a banner on such a website is hovered over.
electronic message means a message sent:
(a) using:
(i) a listed carriage service that enables end‑users to access the internet; or
(ii) any other listed carriage service; and
(b) to an electronic address in connection with:
(i) an email account; or
(ii) an instant messaging account; or
(iii) a telephone account; or
(iv) a similar account;
except a message sent by way of a voice call made using a standard telephone service (within the meaning of the
Telecommunications (Consumer Protection and Service Standards) Act 1999 ).Note: Email addresses and telephone numbers are examples of electronic addresses.
listed carriage service has the same meaning as in theTelecommunications Act 1997 .
message means information:
(a) whether in the form of text; or
(b) whether in the form of data; or
(c) whether in the form of speech, music or other sounds; or
(d) whether in the form of visual images (animated or otherwise); or
(e) whether in any other form; or
(f) whether in any combination of forms.
telephony includes a voice call:
(a) whether or not the call involves voice over IP; and
(b) whether or not the call is initiated by an individual.
voice call means:
(a) a voice call within the ordinary meaning of that expression; or
(b) a call that involves a recorded or synthetic voice; or
(c) if a call covered by paragraph (a) or (b) is not practical for a particular customer with a disability (for example, because the customer has a hearing impairment)—a call that is equivalent to a call covered by either of those paragraphs;
whether or not the customer responds by way of pressing buttons on a telephone handset or similar thing.
(1) For the purposes of paragraphs 38(2)(a), (b) and (c) of the Act:
(a) the instances of communications activity in column 1 of the following table are prescribed; and
(b) for each instance of communications activity in column 1 of an item of the following table, a disclosure whose content is prescribed by subsection (2) of this section is to be made in the form and manner set out in column 2 of the item, subject to subsection (3) of this section and sections 6 and 7.
1 | Communication or distribution of printed material |
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2 | Communication or distribution using a website, or web page, primarily used for communications activity that:
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3 | Communication or distribution of an article published online or a blog post | (a) at the end of the article or post; or
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4 | Telephony | At the beginning of the communication, information or material |
5 | Electronic message | (a) at the end of the message; or
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6 | Communication or distribution by social media, whether or not involving pictures or other images | (a) at the end of the communication; or
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7 | Search advertising |
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8 | Streaming music | In an announcement at the end of the communication |
9 | Digital banner advertising | (a) at the end of the banner; or
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10 | Communication or distribution using a mobile phone application or computer application, except communication or distribution covered by another item |
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11 | Video‑sharing or streaming video | In an announcement and display at the end of the communication, information or material |
12 | Communication or distribution by out‑of‑home advertising wholly or partly by visual means | In a display at the end (or bottom) of the advertisement |
13 | Communication or distribution by projection | In a display at the end of the communication, information or material |
14 | Broadcasting by radio (including digital radio) | In an announcement at the end of the communication, information or material |
15 | Broadcasting by television | In an announcement and display at the end of the communication, information or material |
16 | Oral communication made in person | (a) at the beginning of the communication; and
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Note 1: Communication or distribution of information is a communications activity only if the communication or distribution is to the public or a section of the public: see section 13 of the Act.
Note 2: Section 8 deals with the language in which a disclosure is to be made.
Content of disclosures except for radio advertisements and authorised political material (2) For the purposes of paragraph (1)(b), the content of the disclosure must:
(a) identify the person undertaking the communications activity; and
(b) identify the foreign principal on whose behalf the person undertakes the communications activity; and
(c) include a statement that the communications activity is undertaken on behalf of the foreign principal; and
(d) include a statement that the disclosure is made under the
Foreign Influence Transparency Scheme Act 2018 .Example: A disclosure could be worded along the following lines:
“This material is communicated by [name of person] on behalf of [name of foreign principal]. This disclosure is made under the
Foreign Influence Transparency Scheme Act 2018 .”Note: This subsection is subject to sections 6 and 7 (which provide for simpler disclosures for radio advertisements and authorised political material).
Instances of communications activity covered by 2 or more table items (3) If an instance of communications activity is in column 1 of 2 or more items of the table in subsection (1), the disclosure required by paragraph (1)(b) need be in the form and manner set out in column 2 of only one of those items.
(1) For the purposes of paragraph 38(2)(c) of the Act, this section applies in relation to an instance of communications activity in item 14 of the table in subsection 5(1) (about broadcasting by radio, including digital radio), where the information or material (other than the disclosure) communicated is an advertisement.
(2) The content of the disclosure relating to the instance must:
(a) include a statement that the communication is a registrable activity under the Foreign Influence Transparency Scheme; and
(b) if the advertisement runs for more than 15 seconds:
(i) identify the foreign principal on whose behalf the communications activity is undertaken, if the foreign principal’s identity is not apparent from the advertisement; and
(ii) state that the communications activity is undertaken on behalf of the foreign principal, if that is not apparent from the advertisement.
(1) For the purposes of paragraphs 38(2)(b) and (c) of the Act, this section applies if particulars relating to an instance of communications activity in column 1 of an item of the table in subsection 5(1) are notified or announced in accordance with any of the following laws:
(a) Part XXA of the
Commonwealth Electoral Act 1918 ;(b) Part IX of the
Referendum (Machinery Provisions) Act 1984 ;(c) subclause 4(2) of Schedule 2 to the
Broadcasting Services Act 1992 ;(d) subsection 79A(2) of the
Australian Broadcasting Corporation Act 1983 ;(e) subsection 70A(2) of the
Special Broadcasting Service Act 1991 .
(2) A disclosure relating to the instance may be made in the same form and manner as the notification or announcement (instead of the form and manner in column 2 of the item of the table in subsection 5(1)).
(3) The content of a disclosure relating to the instance may comply with subsection (4) of this section (instead of complying with subsection 5(2)).
(4) A disclosure made in reliance on subsection (3) must:
(a) include a statement that the communication is a registrable activity under the Foreign Influence Transparency Scheme; and
(b) identify the foreign principal on whose behalf the communications activity is undertaken, if the foreign principal’s identity is not apparent from the information or material communicated or distributed, or from the particulars; and
(c) state that the communications activity is undertaken on behalf of the foreign principal, if that is not apparent from the information or material communicated or distributed, or from the particulars.
For the purposes of paragraphs 38(2)(b) and (c) of the Act, a disclosure relating to an instance of a communications activity is to be made in each language used (outside the disclosure) in the information or material communicated or distributed or, if no language is used (outside the disclosure) in that information or material, in English.
For the purposes of paragraphs 38(2)(b) and (c) of the Act, so far as a disclosure is, under this Part, to be made in writing, the writing is not to be obstructed, or distorted, to any extent by anything in the rest of the communication, information or material.
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = | Sch = Schedule(s) |
LIA = | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
Foreign Influence Transparency Scheme (Disclosure in Communications Activity) Rules 2018 | 7 Dec 2018 (F2018L01701) | 10 Dec 2018 (s 2(1) item 1) | |
Foreign Influence Transparency Scheme (Disclosure in Communications Activity) Amendment Rules 2018 | 24 Dec 2018 (F2018L01846) | 25 Dec 2018 (s 2(1) item 1) | — |
s 7............................................. | am F2018L01846 |
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