Foreign Influence Transparency Scheme Rules 2018
made under the
Foreign Influence Transparency Scheme Act 2018
Compilation No. 2
Compilation date: 1 July 2023
Includes amendments up to: F2023L00923
Registered: 27 July 2023
About this compilation
This compilation
This is a compilation of the Foreign Influence Transparency Scheme Rules 2018 that shows the text of the law as amended and in force on 1 July 2023 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
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 Register (www.legislation.gov.au). 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 Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
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.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
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 Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
Part 1—Preliminary
1 Name
3 Authority
4 Definitions
Part 2—Registration under the scheme
5 Exemptions: prescribed circumstances
Part 3—Register of scheme information
6 Information to be made publicly available on website
6A Information not to be included on website
7 Removal of publicly available information from website
Part 4—Communicating and dealing with scheme information
8 Other purposes for communicating information
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Part 1—Preliminary
1 Name
This instrument is the Foreign Influence Transparency Scheme Rules 2018.
3 Authority
This instrument is made under the Foreign Influence Transparency Scheme Act 2018.
4 Definitions
Note: A number of expressions used in this instrument are defined in the Act.
In this instrument:
ABN has the same meaning as in the A New Tax System (Australian Business Number) Act 1999.
Act means the Foreign Influence Transparency Scheme Act 2018.
Part 2—Registration under the scheme
5 Exemptions: prescribed circumstances
(1) For the purposes of section 30 of the Act, a person is exempt in relation to an activity the person undertakes on behalf of a foreign principal if:
(a) the person:
(i) is employed under the Members of Parliament (Staff)…
Overview
The Foreign Influence Transparency Scheme Rules 2018 were enacted to provide a framework for the regulation of foreign influence in Australia, complementing the Foreign Influence Transparency Scheme Act 2018. This legislative instrument was introduced to address concerns regarding transparency in activities conducted on behalf of foreign principals within Australia, ensuring that the public is informed about such activities and the potential implications for national security and public policy. The rules were made under the authority of the Foreign Influence Transparency Scheme Act 2018 by the Parliament of Australia, with the primary policy objective being to enhance transparency and accountability in dealings that may involve foreign influence. The rules establish the parameters for the registration of activities undertaken on behalf of foreign principals, the information to be disclosed on a public register, and the conditions under which certain information may be withheld to protect sensitive or proprietary data. Through these provisions, the legislation aims to maintain a balance between transparency and the protection of legitimate business interests and personal privacy.
Scope and Application
The Foreign Influence Transparency Scheme Rules 2018, made under the Foreign Influence Transparency Scheme Act 2018, applies to activities undertaken on behalf of a foreign principal within Australia. The Act requires certain individuals and entities to register with the scheme and disclose specific information to promote transparency regarding foreign influence. The scheme primarily applies to those engaged in registrable activities on behalf of a foreign principal, with particular attention to the nature of their activities and the identity of the foreign principal. Exemptions exist for certain Commonwealth public officials and activities related to general political lobbying that comply with Commonwealth laws. Information required to be disclosed includes the names, roles, and types of activities undertaken on behalf of foreign principals, as well as details about the foreign principals themselves. However, sensitive information related to confidential consultations is excluded from public disclosure. The scope of the Act is national, with the scheme operating across Australia, and it can be extended or restricted through subordinate instruments. The Act’s provisions have been subject to amendments, which are reflected in the latest compilation.
Key Provisions
- The Foreign Influence Transparency Scheme Rules 2018 outline several key provisions that govern the scheme established under the Foreign Influence Transparency Scheme Act 2018. Firstly, the rules specify the information that must be made publicly available on a website for persons registered under the scheme (section 6). This includes details such as the trading names, ABNs, occupations, and the nature of activities undertaken on behalf of foreign principals. However, sensitive information, particularly that which pertains to confidential consultations related to proposed policies, is exempt from public disclosure (section 6A). Additionally, the rules provide for the removal of publicly available information if it is deemed to be false or provided fraudulently (section 7).
- These rules impose obligations on registered entities to ensure that the information they provide is accurate and up-to-date. They must make certain details publicly available while adhering to the restrictions on sensitive information. Furthermore, the rules mandate that any changes to the registered information should be promptly updated on the website. The Secretary of the relevant department is responsible for overseeing the accuracy of the information and has the authority to remove any inaccurate or fraudulently submitted information.
- The rules also delineate various offences and penalties for non-compliance. For example, knowingly providing false or misleading information in an application for registration is an offence, and can result in criminal penalties. The maximum penalties for such offences include substantial fines and, in some cases, imprisonment. Additionally, there are civil penalties for providing false information, which can include fines and the possibility of legal action. These provisions ensure that the integrity of the scheme is maintained and that there are significant deterrents against non-compliance.
- Area of Law
- National Security Law
- Instrument
- Legislative Instrument
- Concepts
- Definitions & Interpretation
- Reporting & Disclosure Obligations
- Licensing & Registration
- Enforcement Powers