Foreign Influence Transparency Scheme Legislation Amendment Act 2018

Overview

The Foreign Influence Transparency Scheme Legislation Amendment Act 2018, enacted by the Parliament of Australia, was introduced to enhance the provisions of the Foreign Influence Transparency Scheme Act 2018, addressing the transparency requirements concerning foreign influence. The Act aims to ensure that individuals who have been previously registered under the scheme, as well as those currently registered, are subject to the same obligations and scrutiny. By amending the original Act, the legislation extends the scope of registration to include former registrants and activities undertaken or undertaken under previous arrangements with foreign principals. This amendment seeks to maintain a consistent and comprehensive framework for monitoring and disclosing foreign influence within Australia. The Act also includes a provision to ensure that any registrable arrangement existing at the commencement of the Foreign Influence Transparency Scheme Act 2018 must be registered within a specified timeframe, thereby filling any gaps that might have existed for pre-existing arrangements. This amendment reflects the policy objective of the government to provide a robust mechanism for identifying and mitigating potential foreign interference in Australian affairs. The legislative changes are designed to reinforce the integrity and transparency of the scheme, ensuring that all relevant activities and relationships are properly disclosed and monitored.

Scope and Application

The Foreign Influence Transparency Scheme Legislation Amendment Act 2018 amends the Foreign Influence Transparency Scheme Act 2018 and the National Security Legislation Amendment (Espionage and Foreign Interference) Act 2018, aiming to enhance the transparency of foreign influence within Australia. This Act applies to any person who is, or has at any time been, registered under the Foreign Influence Transparency Scheme, whether they were registered before or after the commencement of this Act. It extends its reach to cover all registrable arrangements existing at the time of the commencement of the original Act, requiring registration within a specified period. The amendments apply nationally, covering the entire Commonwealth of Australia, and do not include specific exclusions or thresholds within the text provided. The Act’s provisions commence on 10 December 2018, the later of the day it receives Royal Assent or immediately after the commencement of the Foreign Influence Transparency Scheme Act 2018. The application of this Act can be further extended or modified through subordinate instruments, although such details are not provided in the text.

Key Provisions

The Foreign Influence Transparency Scheme Legislation Amendment Act 2018 (the Act) makes amendments to the Foreign Influence Transparency Scheme Act 2018 (FITS Act) and the National Security Legislation Amendment (Espionage and Foreign Interference) Act 2018. Key sections include amendments to the definition of "registrants" in section 41 of the FITS Act, which now includes "former registrants" (section 1 of Schedule 1). This means that individuals who were previously registered under the scheme are now also subject to its provisions. The Act further amends section 43 of the FITS Act to apply to all individuals who have been, or are, registered under the scheme (section 2 of Schedule 1). Additionally, paragraph 43(1)(b) of the FITS Act is modified to include activities undertaken or undertaken by registrants (section 3 of Schedule 1). Section 44 of the FITS Act is also amended to ensure that certain information is made publicly available, either on the register or otherwise, as specified under section 43 (section 4 of Schedule 1). The application of these amendments is broad, extending to any person who has been registered under the scheme at any time, regardless of whether they were registered before or after the commencement of the Act (section 5 of Schedule 1). The Act imposes several obligations on the parties governed by the FITS Act. Primarily, it mandates that any person with a registrable arrangement with a foreign principal must register under the scheme within a specific timeframe (section 1 of Schedule 1). This requirement applies to arrangements existing at the time the FITS Act commenced, with a deadline set at either three months from the commencement of the FITS Act or fourteen days after the issuance of writs for a general or Senate election, whichever occurs first (section 6 of Schedule 1). Registrants must ensure that they meet these registration deadlines to comply with the legislative requirements. Furthermore, the Act imposes an obligation on registrants to provide accurate and up-to-date information to the relevant authorities, as mandated by section 43 of the FITS Act. This includes information about their activities, relationships with foreign principals, and any changes thereto. Breaches of the obligations and requirements set out in the Act can lead to significant consequences. The primary enforcement mechanism is the imposition of penalties for non-compliance. Under the FITS Act, penalties for failure to register or provide accurate information can be substantial. The maximum penalty for individuals is typically set at a significant number of penalty units, which can equate to hundreds of thousands of Australian dollars. For corporate entities, the penalties can be even higher, reflecting the seriousness of the offences. Additionally, failure to comply with the registration and information disclosure requirements can lead to civil or criminal actions being taken against the offenders. The precise penalties and consequences are detailed in the FITS Act and are designed to ensure that the legislative intent of transparency and accountability in dealings with foreign principals is upheld.