Foreign Influence Transparency Scheme Act 2018
No. 63, 2018
Compilation No. 5
Compilation date: 14 October 2024
Includes amendments: Act No. 39, 2024
About this compilation
This compilation
This is a compilation of the Foreign Influence Transparency Scheme Act 2018 that shows the text of the law as amended and in force on 14 October 2024 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
Division 1—Preliminary
1 Short title
2 Commencement
3 Object
4 Simplified outline of this Act
5 Extension to external Territories
7 Constitutional basis and severability
8 Application to Commonwealth, States and Territories
9 Concurrent operation of State and Territory laws
9A Relationship of this Act to certain privileges and immunities
Division 2—Definitions
10 Definitions
11 Undertaking activity on behalf of a foreign principal
12 Activity for the purpose of political or governmental influence
13 Communications activity
13A Registrable arrangement
14 Purpose of activity
Division 3—Transparency notices
14A Transparency notices
14B Provisional transparency notice
14C Submissions in relation to provisional transparency notice
14D When a transparency notice is in force
14E Varying or revoking transparency notices
14F Transparency notice is not a legislative instrument
14G Requirements in relation to procedural fairness
14H Review of decisions relating to transparency notices
14J Protection against actions for defamation
Part 2—Registration under the scheme
Division 1—Simplified outline of this Part
15 Simplified outline of this Part
Division 2—Requirement to register
16 Requirement to register
17 When a person is registered under the scheme
18 Persons who are liable to register
19 Ceasing to be liable to register
Division 3—Registrable activities
20 Registrable activities: parliamentary lobbying on behalf of foreign government
21 Registrable activities:…
Overview
The Foreign Influence Transparency Scheme Act 2018 was enacted to establish a scheme aimed at improving the transparency of activities undertaken on behalf of foreign governments and other foreign principals. The Act seeks to address the issue of potential foreign interference in Australian political processes by requiring the registration of certain activities and imposing various responsibilities on registrants. The scheme is designed to ensure that the public and relevant authorities have access to up-to-date information about activities that could influence Australian political or governmental processes. The Act was passed by the Australian Parliament and received Royal Assent on 29 June 2018, with its provisions commencing on 10 December 2018.
Scope and Application
The Foreign Influence Transparency Scheme Act 2018 is a Commonwealth Act that establishes a scheme to improve the transparency of activities undertaken on behalf of foreign governments and other foreign principals. The Act applies to individuals, entities, and partnerships, and aims to enhance transparency in activities that could influence Australian political or governmental processes. Registrable activities include parliamentary lobbying, activities intended to influence political or governmental processes, and communications activities related to such purposes. Exemptions exist for certain activities such as humanitarian aid, diplomatic activities, and legal advice. The Act also mandates the registration of entities and individuals who engage in specified activities on behalf of foreign principals, with a focus on ensuring that the Secretary has up-to-date information, especially during federal election periods. Failure to comply with registration requirements and other obligations under the scheme is subject to penalties, including imprisonment and fines. The scheme extends to the whole of Australia, including its external territories, and certain provisions of the Act may have extended geographical jurisdiction in relation to offences committed by former Cabinet Ministers or recent designated position holders.
Key Provisions
- The Foreign Influence Transparency Scheme Act 2018 (the "Act") aims to increase transparency around activities undertaken on behalf of foreign principals by establishing a scheme to register such activities. Under the scheme, certain persons may be liable to register if they undertake specified activities on behalf of a foreign principal. Registrable activities include parliamentary lobbying, political or governmental influence activities, and communications activities in Australia. The Act also outlines several exemptions from registration, such as for humanitarian aid or diplomatic activities. Persons who are liable to register must apply for registration within 14 days of becoming liable. Registrants must report material changes in circumstances, disclose certain activities during voting periods, and renew their registration annually. Failure to comply with these obligations, or to register when required, can result in criminal penalties. The Secretary has the authority to obtain information and documents relevant to the scheme, and can issue notices requiring information. The Act also includes provisions for the Secretary to issue transparency notices, which identify foreign government related entities or individuals, and to correct or update information on a publicly available register. Offences under the Act include failure to register, failure to fulfil reporting responsibilities, failure to comply with notices, and providing false or misleading information. The maximum penalties for these offences range from fines to imprisonment for up to five years, depending on the offence and the intent of the offender. The Act also includes provisions for the review of the scheme by the Parliamentary Joint Committee on Intelligence and Security.
- Area of Law
- National Security Law
- Foreign Relations Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Regulatory Standards
- Licensing & Registration
- Reporting & Disclosure Obligations
- Enforcement Powers
- Rights & Protections
- Review & Sunset Clauses
