Commonwealth Consolidated Acts

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FOREIGN INFLUENCE TRANSPARENCY SCHEME ACT 2018 - SECT 26

Exemption: diplomatic, consular or similar activities

  (1)   A person is exempt in relation to an activity the person undertakes on behalf of a foreign principal if:

  (a)   the foreign principal is a foreign government; and

  (b)   the person is entitled to privileges and immunities under the Consular Privileges and Immunities Act 1972 , the Diplomatic Privileges and Immunities Act 1967 or the Overseas Missions (Privileges and Immunities) Act 1995 ; and

  (c)   the activity is registrable in relation to the foreign principal:

  (i)   within the meaning of section   20 (parliamentary lobbying on behalf of a foreign government); or

  (ii)   within the meaning of section   21 (activities in Australia for the purpose of political or governmental influence); and

  (d)   undertaking the activity is within the scope of the functions that, under the Act mentioned in paragraph   (b), entitle the person to the privileges and immunities conferred by the Act.

  (2)   A person is exempt in relation to an activity the person undertakes on behalf of a foreign principal if:

  (a)   the foreign principal is a foreign government; and

  (b)   the person is a UN or associated person within the meaning of Division   71 of the Criminal Code (see subsection   71.23(1) of the Code); and

  (c)   undertaking the activity is within the scope of the functions that the person undertakes in the person's capacity as such a person.



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