Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
14 Purpose of activity
Division 3--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: activities in Australia for the purpose of political or governmental influence
22 Registrable activities: former Cabinet Ministers
23 Registrable activities: recent designated position holders
Division 4--Exemptions
24 Exemption: humanitarian aid or assistance
25 Exemption: legal advice or representation
25A Exemption: members of Parliament and statutory office holders
26 Exemption: diplomatic, consular or similar activities
27 Exemption: religion
29 Exemption: foreign government employees and commercial or business pursuits
29A Exemption: industry representative bodies
29B Exemption: personal representation in relation to government administrative process etc.
29C Exemption: registered charities
29D Exemption: artistic purposes
29E Exemption: certain registered organisations
29F Exemption: activities of members of certain professions
30 Exemption: prescribed circumstances
Division 5--End of registration
31 Notice of end of liability to register
32 End of registration
Part 3--Responsibilities under the scheme
Division 1--Simplified outline of this Part
33 Simplified outline of this Part
Division 2--Reporting to the Secretary
34 Reporting material changes in circumstances
35 Reporting disbursement activity in Australia for the purpose of political or governmental influence
36 Reporting on registration review when voting period begins
37 Reporting registrable activity (other than disbursement activity) during voting periods
Division 3--Other responsibilities
38 Disclosure in communications activity
39 Annual renewal of registration
40 Keeping records
Part 4--Obtaining and handling scheme information
Division 1--Simplified outline of this Part
41 Simplified outline of this Part
Division 2--Register of scheme information
42 Secretary must keep a register
43 Certain information to be made publicly available
44 Secretary may correct or update information on the register
Division 3--Secretary's powers to obtain information and documents
45 Notice requiring information to satisfy Secretary whether person is liable to register under the scheme
46 Notice requiring information relevant to scheme
47 Self-incrimination
48 Copies of documents
49 Retention of documents
Division 4--Communicating and dealing with scheme information
52 Authorisation--purposes of scheme
53 Authorisation--other purposes
54 Authorisation--secondary communication of or dealing with information
55 Authorisation--information publicly available
Part 5--Enforcement
56 Simplified outline of this Part
57 Failure to apply for or renew registration
57A Giving notice of end of liability to register while still liable to register
58 Failure to fulfil responsibilities under the scheme
59 Failure to comply with notice requiring information
60 False or misleading information or documents
61 Destruction etc. of records
61A Geographical jurisdiction of offences
Part 6--Miscellaneous
62 Simplified outline of this Part
64 Treatment of partnerships
65 Treatment of other unincorporated bodies
66 Approvals
67 Delegations
68 Agreements
69 Annual report
70 Review of scheme by Parliamentary Joint Committee on Intelligence and Security
71 Rules
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
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
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
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.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
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.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to 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 = Legislation Act 2003 | Sch = Schedule(s) |
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 | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
63, 2018 | 29 June 2018 | 10 Dec 2018 (s 2(1) item 1) |
| |
National Security Legislation Amendment (Espionage and Foreign Interference) Act 2018 | 67, 2018 | 29 June 2018 | Sch 5: 10 Dec 2018 (s 2(1) items 7, 8) | Sch 5 (item 1) |
as amended by |
|
|
|
|
Foreign Influence Transparency Scheme Legislation Amendment Act 2018 | 152, 2018 | 10 Dec 2018 | Sch 1 (item 6): 10 Dec 2018 (s 2(1) item 1) | -- |
Foreign Influence Transparency Scheme Legislation Amendment Act 2018 | 152, 2018 | 10 Dec 2018 | Sch 1 (items 1-5): 10 Dec 2018 (s 2(1) item 1) | Sch 1 (item 5) |
32, 2019 | 5 Apr 2019 | 6 Apr 2019 (s 2(1) item 1) | Sch 1 (item 28) | |
71, 2023 | 19 Sept 2023 | Sch 4 (items 9, 10): 17 Oct 2023 (s 2(1) item 5) | -- | |
Statute Law Amendment (Prescribed Forms and Other Updates) Act 2023 | 74, 2023 | 20 Sept 2023 | Sch 4 (item 51): 18 Oct 2023 (s 2(1) item 3) | -- |
Administrative Review Tribunal (Consequential and Transitional Provisions No. 2) Act 2024 | 39, 2024 | 31 May 2024 | Sch 2 (items 74-77): 14 Oct 2024 (s 2(1) item 2) | -- |
Provision affected | How affected |
Part 1 |
|
Division 1 |
|
s 4..................... | am No 32, 2019 |
Division 2 |
|
s 10.................... | am No 67, 2018; No 71, 2023 |
s 12.................... | am No 67, 2018 |
s 13.................... | am No 32, 2019 |
s 14.................... | am No 32, 2019 |
Division 3 |
|
s 14H................... | am No 39, 2024 |
s 14J.................... | am No 39, 2024 |
Part 3 |
|
Part 3 heading............. | am No 32, 2019 |
Division 1 |
|
s 33.................... | am No 32, 2019 |
Division 2 |
|
s 35.................... | am No 32, 2019 |
s 37.................... | am No 32, 2019 |
Division 3 |
|
s 38.................... | am No 32, 2019 |
Part 4 |
|
Division 1 |
|
s 41.................... | am No 152, 2018 |
Division 2 |
|
s 43.................... | am No 152, 2018; No 32, 2019; No 39, 2024 |
s 44.................... | am No 152, 2018; No 74, 2023 |
Part 5 |
|
s 57.................... | am No 32, 2019 |