Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Act:
"applicable disallowance period" : see subsection 53(5).
"approved form" : see paragraph 66(a).
"approved manner" : see paragraph 66(b).
"arrangement" includes a contract, agreement, understanding or other arrangement of any kind, whether written or unwritten.
"Australian police force" means:
(a) the Australian Federal Police; or
(b) a police force or police service of a State or Territory.
"becomes" liable to register: see subsection 18(1).
"benefit" includes any advantage and is not limited to property.
"by-election" has the same meaning as in Part XVB of the Commonwealth Electoral Act 1918 .
"candidate" has the same meaning as in the Commonwealth Electoral Act 1918 . In particular, a person who is, at a time, taken to be a candidate in an election within the meaning of that Act is taken to be a candidate at that time for the purposes of this Act.
"ceases" to be liable to register: see section 19.
"Commonwealth public official" has the same meaning as in the Criminal Code .
"communications activity" : see section 13.
"deal" with information or an article has the same meaning as in Part 5.6 of the Criminal Code (see subsections 90.1(1) and 121.1(1) of the Code).
"designated position holder" means:
(a) a Minister; or
(b) a member of the Parliament; or
(c) a person employed under the Members of Parliament (Staff) Act 1984 as a personal employee (Ministerial) and whose position is at or above the level of Senior Advisor; or
(d) an Agency Head (within the meaning of the Public Service Act 1999 ); or
(e) a deputy agency head (however described); or
(f) the holder of an office established by or under a law of the Commonwealth and equivalent to that of Agency Head or deputy agency head; or
(g) the holder of an office of the Commonwealth as an Ambassador or High Commissioner, in a country or place outside Australia.
"designated vote" means:
(a) a referendum; or
(b) a vote, survey, or other process for the expression of opinions, of the kind prescribed by the rules for the purposes of this paragraph.
"disbursement activity" : a person undertakes disbursement activity if:
(a) the person disburses money or things of value; and
(b) neither the person nor a recipient of the disbursement is required to disclose it under Division 4, 5 or 5A of Part XX of the Commonwealth Electoral Act 1918 .
"electoral donations threshold" means the disclosure threshold within the meaning of Part XX of the Commonwealth Electoral Act 1918 .
"federal election" means a House of Representatives election or a Senate election within the meaning of the Commonwealth Electoral Act 1918 .
"final transparency notice" : see subsection 14C(4).
"foreign country" means any country other than Australia or an external Territory (whether or not an independent sovereign State).
"foreign government" means:
(a) the government of a foreign country or of part of a foreign country; or
(b) an authority of the government of a foreign country; or
(c) an authority of the government of part of a foreign country; or
(d) a foreign local government body or foreign regional government body.
"foreign government related entity" means a person, other than an individual, who is related to a foreign principal that is a foreign government or a foreign political organisation in one or more of the following ways:
(a) if the person is a company--one or more of the following applies:
(i) the foreign principal holds more than 15% of the issued share capital of the company;
(ii) the foreign principal holds more than 15% of the voting power in the company;
(iii) the foreign principal is in a position to appoint at least 20% of the company's board of directors;
(iv) the directors (however described) of the company are accustomed, or under an obligation (whether formal or informal), to act in accordance with the directions, instructions or wishes of the foreign principal;
(v) the foreign principal is in a position to exercise, in any other way, total or substantial control over the company;
(b) if the person is not a company--either of the following applies:
(i) the members of the executive committee (however described) of the person are accustomed, or under an obligation (whether formal or informal), to act in accordance with the directions, instructions or wishes of the foreign principal;
(ii) the foreign principal is in a position to exercise, in any other way, total or substantial control over the person;
(c) if the person is a person other than a body politic and the foreign principal is a foreign political organisation:
(i) a director, officer or employee of the person, or any part of the person, is required to be a member or part (however described) of that foreign political organisation; and
(ii) that requirement is contained in a law, or in the constitution, rules or other governing documents by which the person is constituted or according to which the person operates.
Note: A transparency notice issued under Division 3 of this Part may state that a person is a foreign government related entity.
"foreign government related individual" means an individual:
(a) who is neither an Australian citizen nor a permanent Australian resident; and
(b) who is related to a foreign principal that is a foreign government, foreign government related entity or foreign political organisation in either or both of the following ways:
(i) the individual is accustomed, or under an obligation (whether formal or informal), to act in accordance with the directions, instructions or wishes of the foreign principal;
(ii) the foreign principal is in a position to exercise, in any other way, total or substantial control over the individual.
Note: A transparency notice issued under Division 3 of this Part may state that a person is a foreign government related individual.
"foreign political organisation" includes:
(a) a foreign political party; and
(b) a foreign organisation that exists primarily to pursue political objectives.
"foreign principal" means:
(a) a foreign government;
(b) a foreign government related entity;
(c) a foreign political organisation;
(d) a foreign government related individual.
"former Cabinet Minister" , at a particular time, means a person:
(a) who was a member of the Cabinet at any time before the particular time; and
(b) who is not at the particular time a designated position holder.
"general political lobbying" means lobbying any one or more of the following:
(a) a Commonwealth public official;
(b) a Department, agency or authority of the Commonwealth;
(c) a registered political party;
(d) a candidate in a federal election;
(e) a person or entity that is registered under the Commonwealth Electoral Act 1918 as a political campaigner;
other than lobbying that is Parliamentary lobbying.
"influence" includes affect in any way.
"liable to register" : see section 18.
"lobby" includes:
(a) communicate, in any way, with a person or a group of persons for the purpose of influencing any process, decision or outcome; and
(b) represent the interests of a person, in any process.
"on behalf of" a foreign principal: see section 11.
"parliamentary lobbying" means lobbying any one or more of the following persons:
(a) a member of the Parliament;
(b) a person employed under the Members of Parliament (Staff) Act 1984 .
"person" means any of the following:
(a) an individual;
(b) a body corporate;
(c) a body politic;
(d) a partnership;
(e) an association (whether or not incorporated);
(f) an organisation (whether or not incorporated);
(g) any combination of individuals who together constitute a body;
(h) any body of a kind prescribed by the rules;
whether or not resident in, formed or created in, or carrying on business in, Australia, and whether constituted under an Australian or foreign law or not constituted under a law at all.
Note: See sections 64 and 65 for how the scheme applies to partnerships and other bodies that are not legal persons.
"political or governmental influence" : see section 12.
"provisional transparency notice" : see subsection 14B(1).
"purpose" has a meaning affected by section 14.
"recent designated position holder" , at a particular time, means a person:
(a) who was a designated position holder at any time in the 15 years before the particular time; and
(b) who is not at the particular time a designated position holder.
"referendum" has the same meaning as in the Referendum (Machinery Provisions) Act 1984 .
"registered" under the scheme in relation to a foreign principal: see section 17.
"registered political party" has the same meaning as in the Commonwealth Electoral Act 1918 .
"registrable" activity in relation to a foreign principal: see sections 20, 21, 22 and 23.
"registrable arrangement" : see section 13A.
"registrant" means a person who is registered under the scheme.
"renewal period" : see subsection 39(3).
"rules" means rules made under section 71.
"scheme" means this Act and the rules.
"scheme information" : see section 50.
"scheme official" : see section 51.
"Secretary" means the Secretary of the Department.
"transparency notice" : see subsection 14A(2).
"voting period" means any of the following:
(a) for a federal election--the period:
(i) beginning on the day of the issue of the writ for the election under the Commonwealth Electoral Act 1918 ; and
(ii) ending at the time determined in accordance with that Act to be the latest time on polling day at which an elector in Australia could enter a polling booth for the purpose of casting a vote in the election;
(b) for a referendum--the period:
(i) beginning on the day of the issue of the writ for the referendum under the Referendum (Machinery Provisions) Act 1984 ; and
(ii) ending at the time determined in accordance with that Act to be the latest time on the voting day for the referendum at which an elector in Australia could enter a polling booth for the purpose of voting at the referendum;
(c) for a vote, survey or process prescribed by the rules for the purposes of paragraph (b) of the definition of designated vote --the period prescribed by the rules.