Commonwealth: Foreign Influence Transparency Scheme Act 2018 (Cth)

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 Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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: 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 50 Scheme information 51 Scheme officials 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 An Act to establish a scheme to improve the transparency of activities undertaken on behalf of foreign principals, and for related purposes Part 1—Preliminary Division 1—Preliminary 1 Short title This Act is the Foreign Influence Transparency Scheme Act 2018. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. The whole of this Act A single day to be fixed by Proclamation. 10 December 2018 However, if the provisions do not commence within the period of 12 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. (F2018N00175) Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Object The object of this Act is to provide for a scheme for the registration of persons who undertake certain activities on behalf of foreign governments and other foreign principals, in order to improve the transparency of their activities on behalf of those foreign principals. 4 Simplified outline of this Act A person who undertakes activities on behalf of a foreign principal may be liable to register under the scheme established by this Act, depending on who the foreign principal is, the activities the person undertakes and in some cases on the person's former status. Certain information about registrants and their activities is made publicly available. A registrant has various responsibilities under the scheme. In general terms, these responsibilities are aimed at ensuring that the Secretary has up to date information about the activities of registrants, especially during voting periods for federal elections. In addition, any person who undertakes communications activity that is registrable in relation to a foreign principal must make a disclosure about the foreign principal. This applies whether or not the person is a registrant. Penalties apply for persons who are liable to register under the scheme and do not register, and for those who fail to fulfil responsibilities under the scheme. 5 Extension to external Territories This Act extends to every external Territory. 7 Constitutional basis and severability Constitutional basis (1) This Act relies on: (a) the Commonwealth's legislative powers under paragraphs 51(xxix) and (xxxix) of the Constitution; and (b) any implied legislative powers of the Commonwealth. Additional and severable operation of Act (2) Without limiting the effect of this Act apart from this section, this Act also has effect as provided by this section. (3) To avoid doubt, none of the following subsections of this section limit the operation of any other subsection of this section. Trade and commerce (4) This Act has the effect it would have if its operation were expressly confined to activities undertaken in the course of trade and commerce to which paragraph 51(i) of the Constitution applies. Communications (5) This Act has the effect it would have if its operation were expressly confined to activities undertaken using a service to which paragraph 51(v) of the Constitution applies. Corporations (6) This Act has the effect it would have if its operation were confined to activities undertaken by: (a) corporations to which paragraph 51(xx) of the Constitution applies; and (b) persons undertaking activities on behalf of corporations to which paragraph 51(xx) of the Constitution applies. Census and statistics (7) This Act has the effect it would have if its operation were expressly confined to obtaining information for purposes relating to census and statistics within the meaning of paragraph 51(xi) of the Constitution. Aliens (8) This Act has the effect it would have if its operation were expressly confined to activities undertaken on behalf of persons who are aliens within the meaning of paragraph 51(xix) of the Constitution. External affairs (9) This Act has the effect it would have if its operation were expressly confined to activities undertaken beyond the limits of the States and Territories. (10) This Act has the effect it would have if its operation were expressly confined to give effect to Australia's rights and obligations under an agreement with one or more foreign countries. Territories (11) This Act has the effect it would have if its operation were expressly confined to activities undertaken in a Territory. 8 Application to Commonwealth, States and Territories Nothing in this Act requires any of the following to register under the scheme: (a) the Crown in right of the Commonwealth, a State, the Australian Capital Territory or the Northern Territory; (b) a department or instrumentality of the Commonwealth or of a State or Territory mentioned in paragraph (a). 9 Concurrent operation of State and Territory laws This Act is not intended to exclude or limit the operation of a law of a State or Territory to the extent that the law is capable of operating concurrently with this Act. 9A Relationship of this Act to certain privileges and immunities Parliamentary privilege (1) To avoid doubt, this Act does not affect the law relating to the powers, privileges and immunities of any of the following: (a) each House of the Parliament; (b) the members of each House of the Parliament; (c) the committees of each House of the Parliament and joint committees of both Houses of the Parliament. Legal professional privilege (2) To avoid doubt, this Act does not affect the law relating to legal professional privilege. Effect on Secretary's power to obtain information and documents (3) In particular: (a) the Secretary's powers under sections 45 and 46 do not extend to requiring a person to give information, or produce documents or copies of documents, if: (i) the information or documents are protected by a privilege or immunity mentioned in subsection (1) or (2); or (ii) complying with the requirement would involve a breach of a privilege or immunity mentioned in subsection (1) or (2); and (b) the person need not comply with any purported requirement to that effect. Division 2—Definitions 10 Definitions In 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. 11 Undertaking activity on behalf of a foreign principal (1) A person undertakes an activity on behalf of a foreign principal if: (a) the person undertakes the activity in any of the following circumstances: (i) under an arrangement with the foreign principal; (ii) in the service of the foreign principal; (iii) on the order or at the request of the foreign principal; (iv) under the direction of the foreign principal; and (b) at the time the arrangement or service is entered into, or the order, request or direction made, both the person and the foreign principal knew or expected that: (i) the person would or might undertake the activity; and (ii) the person would or might do so in circumstances set out in section 20, 21, 22 or 23 (whether or not the parties expressly considered the existence of the scheme). (2) For the purposes of subsection (1), it does not matter whether consideration is payable. (3) An activity undertaken by a company registered under the Corporations Act 2001 is not undertaken on behalf of a foreign principal merely because the company is a subsidiary (within the meaning of the Corporations Act 2001) of a foreign principal. 12 Activity for the purpose of political or governmental influence (1) A person undertakes an activity for the purpose of political or governmental influence if the sole or primary purpose, or a substantial purpose, of the activity is to influence one or more of the following: (a) a process in relation to a federal election or a designated vote; (b) a process in relation to a federal government decision; (c) proceedings of a House of the Parliament; (d) a process in relation to a registered political party; (e) a process in relation to a member of the Parliament who is not a member of a registered political party; (f) a process in relation to a candidate in a federal election who is not endorsed by a registered political party; (g) processes in relation to a person or entity registered under the Commonwealth Electoral Act 1918 as a political campaigner. (2) A person also undertakes an activity for the purposes of political or governmental influence if the sole or primary purpose, or a substantial purpose, of the activity is to influence the public, or a section of the public, in relation to a process or proceedings mentioned in subsection (1). Examples of federal government decisions (3) For the purposes of paragraph (1)(b), decisions made by any of the following are examples of federal government decisions: (a) the Executive Council; (b) the Cabinet or a committee of the Cabinet; (c) a Minister or Ministers; (d) a Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013) or a subsidiary of a Commonwealth entity (within the meaning of that Act); (e) a Commonwealth company (within the meaning of the Public Governance, Performance and Accountability Act 2013); (f) an individual in the course of performing his or her functions in relation to a person or body mentioned in an above paragraph. (4) For the purposes of paragraph (1)(b) and subsection (3), a reference to a decision includes a decision of any kind in relation to any matter, including administrative, legislative and policy matters: (a) whether or not the decision is final; and (b) whether or not the decision is a formal decision. Examples of processes in relation to a registered political party (5) For the purposes of paragraph (1)(d), the following are examples of processes in relation to a registered political party: (a) processes relating to the party's: (i) constitution; or (ii) platform; or (iii) policy on any matter of public concern; or (iv) administrative or financial affairs; or (v) membership; or (vi) relationships with foreign principals; (b) the conduct of the party's campaign in relation to a federal election or a designated vote; (c) the selection or endorsement of the party's candidates in relation to a federal election; (d) the allocation of the party's preferences in relation to a federal election; (e) the selection (however done) of officers of the party's executive or delegates to party conferences; (f) the election of a person to be the leader of the party in the Parliament of the Commonwealth; (g) the selection (however done) of persons to be: (i) Ministers; or (ii) shadow Ministers or party spokespersons (however described) in relation to the Commonwealth. Examples of processes in relation to independent members of Parliament and candidates (6) For the purposes of paragraphs (1)(e) and (f), the following are examples of processes in relation to a person mentioned in those paragraphs: (a) processes relating to the person's: (i) platform; or (ii) policy on any matter of public concern; or (iii) administrative or financial affairs in his or her capacity as a member of the Parliament or candidate in a federal election; or (iv) relationships with foreign principals; (b) the conduct of the person's campaign in relation to a federal election or designated vote; (c) the allocation of the person's preferences in relation to a federal election. Examples of processes in relation to registered political campaigner (7) For the purposes of paragraph (1)(g), the following are examples of processes in relation to a person or entity registered under the Commonwealth Electoral Act 1918 as a political campaigner: (a) processes in relation to the campaigner's: (i) constitution; or (ii) platform; or (iii) policy on any matter of public concern; or (iv) administrative or financial affairs (in his or her capacity as a campaigner, if the campaigner is an individual); or (v) membership; or (vi) relationships with foreign principals; (b) the conduct of the campaigner's campaign in relation to a federal election or designated vote; (c) the selection (however done) of officers of the campaigner's executive or delegates to its conferences; (d) the selection (however done) of the campaigner's leader and any spokespersons for the campaigner. 13 Communications activity (1) A person undertakes communications activity if: (a) the person communicates or distributes information or material to the public or a section of the public; or (b) the person produces information or material for the purpose of the information or material being communicated or distributed to the public or a section of the public. (2) For the purposes of subsection (1), a reference to information or material includes information or material in any form, including oral, visual, graphic, written, electronic, digital and pictorial forms. (3) Despite subsection (1), an activity undertaken by a person (the disseminator) is not communications activity if: (a) the activity is undertaken in the ordinary course of the disseminator's business; and (b) the activity is communicating or distributing, to the public or a section of the public, information or material: (i) produced entirely by a person other than the disseminator; or (ii) produced by the disseminator only to the extent that the disseminator alters the information or material, without affecting substance, to ensure compliance with the law or to fit time or space constraints; and (c) the identity of: (i) if the producer produced the information or material on behalf of another person—that other person; or (ii) otherwise—the producer of the information or material; is either apparent in the communicating or distributing or is disclosed in accordance with rules prescribed for the purposes of this paragraph. (4) Despite subsection (1), a carriage service provider (within the meaning of section 87 of the Telecommunications Act 1997) does not undertake communications activity in relation to information or material merely because the carriage service provider supplies the listed carriage service (within the meaning of section 16 of that Act) used to communicate the information or material. 13A Registrable arrangement (1) A registrable arrangement is an arrangement between a person and a foreign principal for the person to undertake, on behalf of the foreign principal, one or more activities that, if undertaken by the person on behalf of the foreign principal, would be registrable in relation to the foreign principal. (2) An arrangement is not a registrable arrangement to the extent that the arrangement is for the person to undertake an activity in circumstances in which the person would be exempt under Division 4 of Part 2. 14 Purpose of activity The purpose of an activity must be determined by having regard to: (a) the intention of the person undertaking the activity or that person's belief (if any) about the intention of any foreign principal on whose behalf the activity is undertaken; and (b) either or both of the following: (i) the intention of any foreign principal on whose behalf the activity is undertaken; (ii) all of the circumstances in which the activity is undertaken. Division 3—Transparency notices 14A Transparency notices (1) For the purposes of this Act: (a) a person stated to be a foreign government related entity in a transparency notice that is in force is taken to be a foreign government related entity; and (b) a person stated to be a foreign government related individual in a transparency notice that is in force is taken to be a foreign government related individual. Note: Section 14D sets out when a transparency notice is in force. (2) A transparency notice means: (a) a provisional transparency notice; or (b) a final transparency notice. 14B Provisional transparency notice (1) If the Secretary is satisfied that a person is a foreign government related entity or a foreign government related individual, the Secretary may issue a notice (a provisional transparency notice) stating that the person is a foreign government related entity or a foreign government related individual (as the case requires). Note: The Secretary's powers to obtain information or documents under section 46 may assist the Secretary to be satisfied about whether a person is a foreign government related entity or foreign government related individual. (2) The provisional transparency notice must: (a) be in writing; and (b) include such details as the Secretary considers necessary to identify the person who is the subject of the notice. Note 1: The Secretary must make provisional transparency notices publicly available on a website (see subsection 43(2A)). Note 2: Section 14C provides for the person who is the subject of the notice to make submissions about the notice. A decision to issue a provisional transparency notice is also reviewable (see section 14H). Notice of review rights must be provided on the website with the provisional transparency notice (see subsection 43(2A)). 14C Submissions in relation to provisional transparency notice (1) If the Secretary issues a provisional transparency notice, the Secretary must also: (a) prepare an invitation for the person who is the subject of the notice in accordance with subsection (2); and (b) take reasonable steps to give the invitation and the provisional transparency notice to the person as soon as practicable. (2) The invitation must: (a) invite the person to make submissions to the Secretary about the provisional transparency notice within 14 days of the date of the invitation; and (b) set out the effect of sections 137.1 and 137.2 of the Criminal Code (false or misleading information or documents); and (c) notify the person of the person's right to have the decision to issue the provisional transparency notice reviewed. (3) If the person makes submissions about the provisional transparency notice within 14 days of the date of the invitation, the Secretary must consider the submissions before the end of the period of 28 days after the date of the invitation. (4) If a provisional transparency notice is not revoked before the end of the period of 28 days after the date of the invitation, the provisional transparency notice becomes a final transparency notice at the end of that period. 14D When a transparency notice is in force A transparency notice: (a) comes into force on the day the provisional transparency notice is first made available to the public on a website under subsection 43(2A); and (b) remains in force, whether as a provisional transparency notice or a final transparency notice, until revoked. Note: If a provisional transparency notice becomes a final transparency notice under subsection 14C(4), the provisional transparency notice made publicly available on a website must be accompanied by a statement to that effect (see subsection 43(2A)). 14E Varying or revoking transparency notices (1) The Secretary may vary a transparency notice if the Secretary is satisfied that the details in the notice that identify the person stated to be a foreign government related entity or a foreign government related individual (as the case requires) should be updated or corrected. (2) The Secretary must revoke a transparency notice if the Secretary ceases to be satisfied that the person is a foreign government related entity or a foreign government related individual (as the case requires). (3) A variation or revocation of a transparency notice must be in writing. Note 1: The Secretary must make a variation or revocation of a transparency notice publicly available on a website (see subsection 43(2A)). Note 2: A decision to vary or revoke a transparency notice is reviewable (see section 14H). Notice of review rights must be provided on the website with the variation or revocation (see subsection 43(2A)). 14F Transparency notice is not a legislative instrument A transparency notice, or a variation or revocation of a transparency notice, is not a legislative instrument. 14G Requirements in relation to procedural fairness The Secretary is not required to observe any requirements of procedural fairness in exercising a power or performing a function under this Division other than those set out in section 14C. 14H Review of decisions relating to transparency notices Applications may be made to the Administrative Review Tribunal for review of the following decisions of the Secretary: (a) a decision under subsection 14B(1) to issue a provisional transparency notice; (b) a decision under subsection 14E(1) to vary a transparency notice; (c) a decision under subsection 14E(2) to revoke a transparency notice. 14J Protection against actions for defamation (1) No action for defamation lies against the Commonwealth, a Minister, the Secretary, the Department or another Agency (within the meaning of the Public Service Act 1999), or an officer of the Department or another Agency, because the Secretary or an officer takes any of the following actions: (a) issues, varies or revokes a transparency notice; (b) includes a transparency notice, or any variation or revocation of a transparency notice, on the register; (c) makes available a transparency notice, or any variation or revocation of a transparency notice, on a website; (d) publishes or otherwise makes available, in any way, a transparency notice, or any variation or revocation of a transparency notice; (e) supplies or gives access to a draft transparency notice, or a draft of any variation or revocation of a transparency notice, to a Minister or Agency or any other person. (2) Subsection (1) applies even if, in taking the action, there has been a failure to comply with a requirement of this Act or the Administrative Review Tribunal Act 2024. (3) In this section: officer of a Department or Agency includes: (a) a scheme official; and (b) an APS employee in the Department or Agency; and (c) a member of the staff of the Department or Agency; and (d) a member of the Agency; and (e) a person engaged to perform services for the Department or Agency. Part 2—Registration under the scheme Division 1—Simplified outline of this Part 15 Simplified outline of this Part A person may become liable to register under the scheme: (a) if the person undertakes registrable activities on behalf of a foreign principal (even if the person only does so once); or (b) if the person enters an arrangement with a foreign principal to undertake registrable activities on behalf of the foreign principal (whether or not the person actually undertakes the activities). Whether a particular activity is registrable or not depends on who the foreign principal is and the purpose of the activity, and in some cases on the person's former status. Once a person becomes liable to register, the person has 14 days to apply for registration. The person must register for each foreign principal on whose behalf the person undertakes registrable activities. In most cases, the person continues to be liable to register in relation to a foreign principal until the person notifies the Secretary otherwise and ceases to have any arrangement with the foreign principal. Registration usually ends if the person notifies the Secretary that the person has ceased to be liable or if the person fails to annually renew the registration. There are exemptions to ensure that a person does not have to register under the scheme for certain activities that commonly involve arrangements with foreign principals (for example, diplomatic and consular activities or activities for the purposes of providing humanitarian aid or humanitarian assistance). Division 2—Requirement to register 16 Requirement to register (1) A person who: (a) becomes liable to register under the scheme in relation to a foreign principal; and (b) is not already registered under the scheme in relation to the foreign principal; must apply to the Secretary for registration in relation to the foreign principal, no later than 14 days after becoming liable. Note: It is an offence not to register if a person is liable to register (see section 57). (2) The application must be: (a) in writing; and (b) in an approved form (if any); and (c) given in an approved manner (if any); and (d) accompanied by any information or documents required by the Secretary. 17 When a person is registered under the scheme (1) If a person makes an application for registration in relation to a foreign principal that complies with subsection 16(2), the person is registered under the scheme, in relation to the foreign principal: (a) from the day the application is given to the Secretary; and (b) until the registration ends under section 32. (2) Paragraph (1)(a) applies even if the application is made more than 14 days after the person became liable to register in relation to the foreign principal. 18 Persons who are liable to register (1) If a person: (a) undertakes an activity on behalf of a foreign principal that is registrable in relation to the foreign principal; or (b) enters a registrable arrangement with a foreign principal; the person becomes liable to register under the scheme in relation to the foreign principal. (2) A person who has become liable to register under the scheme in relation to a foreign principal remains liable to register under the scheme in relation to the foreign principal until ceasing to be liable under section 19. (3) To avoid doubt: (a) paragraph (1)(a) applies even if the person only undertakes an activity once; and (b) paragraph (1)(b) applies even if the person never undertakes an activity under the arrangement. 19 Ceasing to be liable to register (1) A person ceases to be liable to register in relation to a foreign principal, on a day, if: (a) the person has given the Secretary a notice in relation to the foreign principal under section 31 (notice of end of liability to register) specifying the day in accordance with subsection 31(3) as the day the person's registration in relation to the foreign principal is to cease; and (b) on the day, no registrable arrangement exists between the person and the foreign principal. Note: A person must be registered under the scheme before the person can give a notice under section 31. (2) If a person is liable to register under the scheme in relation to a foreign principal only because of being one of the following kinds of persons, the person ceases to be liable to register in relation to the foreign principal the day he or she ceases to be that kind of person: (a) a former Cabinet Minister; (b) a recent designated position holder. Division 3—Registrable activities 20 Registrable activities: parliamentary lobbying on behalf of foreign government An activity that a person undertakes on behalf of a foreign government is registrable in relation to the foreign government if: (a) the activity is parliamentary lobbying in Australia (whether or not the purpose is political or governmental influence); and (b) the person is not exempt under Division 4 in relation to the activity. 21 Registrable activities: activities in Australia for the purpose of political or governmental influence (1) An activity that a person undertakes on behalf of a foreign principal is registrable in relation to the foreign principal if: (a) the activity is covered by an item in the table; and (b) the foreign principal is the kind of foreign principal specified for the activity in the table; and (c) the person is not exempt under Division 4 in relation to the activity. Activities in Australia for the purpose of political or governmental influence Item Activity Foreign principal 1 Parliamentary lobbying: (a) a foreign government related entity; or (a) in Australia; and (b) a foreign political organisation; or (b) for the purpose of political or governmental influence (c) a foreign government related individual 2 General political lobbying: any kind of foreign principal (a) in Australia; and (b) for the purpose of political or governmental influence 3 Communications activity: any kind of foreign principal (a) in Australia; and (b) for the purpose of political or governmental influence 4 Disbursement activity: any kind of foreign principal (a) in Australia; and (b) for the purpose of political or governmental influence (2) A single activity undertaken by a person may be covered by more than one item of the table in subsection (1). If it is, the scheme applies in relation to the activity as covered by each such item. 22 Registrable activities: former Cabinet Ministers An activity that a person undertakes on behalf of a foreign principal is registrable in relation to the foreign principal if: (a) the person is a former Cabinet Minister; and (c) the activity is not registrable in relation to the foreign principal under another provision of this Division; and (d) the person is not exempt under Division 4 in relation to the activity. 23 Registrable activities: recent designated position holders An activity that a person undertakes on behalf of a foreign principal is registrable in relation to the foreign principal if: (a) the person is a recent designated position holder; and (b) in undertaking the activity, the person contributes experience, knowledge, skills or contacts gained in the person's former capacity as a designated position holder; and (c) the activity is not registrable in relation to the foreign principal under another provision of this Division; and (d) the person is not exempt under Division 4 in relation to the activity. Division 4—Exemptions 24 Exemption: humanitarian aid or assistance A person is exempt in relation to an activity the person undertakes on behalf of a foreign principal if the activity is, or relates primarily to, the provision of humanitarian aid or humanitarian assistance. 25 Exemption: legal advice or representation A person is exempt in relation to an activity the person undertakes on behalf of a foreign principal if the activity is, or relates primarily to, or is incidental to, the provision of: (a) legal advice; or (b) legal representation in judicial, criminal or civil inquiries, investigations or proceedings; or (c) legal representation in relation to a government administrative process involving the foreign principal. 25A Exemption: members of Parliament and statutory office holders A person is exempt in relation to an activity the person undertakes on behalf of a foreign principal if the person: (a) is a member of the Parliament; or (b) is a member of the Parliament of a State, the Legislative Assembly for the Australian Capital Territory or the Legislative Assembly of the Northern Territory; or (c) holds any office or appointment under a law of the Commonwealth, or under a law of a State or Territory. 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. 27 Exemption: religion A person is exempt in relation to a religious activity the person undertakes, in good faith, on behalf of a foreign principal. 29 Exemption: foreign government employees and commercial or business pursuits Individual employed by foreign government (1) An individual is exempt in relation to an activity the individual undertakes on behalf of a foreign principal if: (a) the foreign principal is a foreign government; and (b) the individual undertakes the activity: (i) in the individual's capacity as an officer or employee of the foreign principal; and (ii) in the name of the foreign principal. Individual employed by foreign government related entity (2) An individual is exempt in relation to an activity the individual undertakes on behalf of a foreign principal if: (a) the foreign principal is a foreign government related entity; and (b) the activity is a commercial or business pursuit undertaken by the individual in the individual's capacity as a director, officer or employee of the foreign principal; and (c) it is apparent in the circumstances that the individual is undertaking the activity in that capacity. Person operating under name of foreign government related entity (3) 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 related entity; and (b) the activity is a commercial or business pursuit undertaken by the person in or under the name of the foreign principal or under a substantially similar name. Exemption not applicable to former Cabinet Ministers or recent designated position holders (4) This section does not apply in relation to an activity undertaken by a former Cabinet Minister or a recent designated position holder. 29A Exemption: industry representative bodies A person is exempt in relation to an activity the person undertakes on behalf of a foreign principal if: (a) the person is an entity formed in Australia, or incorporated under a law of the Commonwealth, a State or a Territory (an Australian entity); and (b) the person's purpose is to represent the interests of business or a particular sector of business or industry; and (c) the person has members who are also Australian entities; and (d) the activity is, or relates primarily to, representing the interests of business, or the particular sector, as a whole. 29B Exemption: personal representation in relation to government administrative process etc. An individual is exempt in relation to an activity the individual undertakes on behalf of a foreign principal who is also an individual if: (a) the individuals either: (i) are members of the same family; or (ii) know each other personally and the individual undertaking the activity does so because of this and in that individual's personal capacity; and (b) the activity is, or relates primarily to, representing in good faith the interests of the foreign principal in relation to: (i) a government administrative process involving the foreign principal; or (ii) matters affecting the personal welfare of the foreign principal. 29C Exemption: registered charities A person is exempt in relation to an activity the person undertakes on behalf of a foreign principal if: (a) the person is registered as a charity under the Australian Charities and Not‑for‑profits Commission Act 2012; and (b) the activity is undertaken in pursuit of a charitable purpose of the person within the meaning of Part 3 of the Charities Act 2013; and (c) the activity is not disbursement activity; and (d) at the time the activity is undertaken, both of the following matters are either apparent to the public or disclosed to the public: (i) the fact that the person is undertaking the activity on behalf of a foreign principal; (ii) the identity of the foreign principal. 29D Exemption: artistic purposes A person is exempt in relation to an activity the person undertakes on behalf of a foreign principal if: (a) for a person other than an individual: (i) the person's purpose is, or relates primarily to, the arts; and (ii) the activity is, or relates primarily to, or is incidental to, the person's artistic purposes; and (b) for an individual—the person's purpose in undertaking the activity is, or relates primarily to, or is incidental to, the arts; and (c) the activity is not disbursement activity; and (d) at the time the activity is undertaken, both of the following matters are either apparent to the public or disclosed to the public: (i) the fact that the person is undertaking the activity on behalf of a foreign principal; (ii) the identity of the foreign principal. 29E Exemption: certain registered organisations A person is exempt in relation to an activity the person undertakes on behalf of a foreign principal if: (a) the person is an association of employees, or an enterprise association, that is registered as an organisation under the Fair Work (Registered Organisations) Act 2009; and (b) the activity is undertaken in the interests of members of the organisation in Australia; and (c) the activity is not communications activity or disbursement activity; and (d) at the time the activity is undertaken, both of the following matters are either apparent to the public or disclosed to the public: (i) the fact that the person is undertaking the activity on behalf of a foreign principal; (ii) the identity of the foreign principal. 29F Exemption: activities of members of certain professions A person is exempt in relation to an activity the person undertakes on behalf of a foreign principal if: (a) the person's profession is any of the following: (i) a tax agent; (ii) a customs broker; (iii) a liquidator or receiver; and (b) the activity is undertaken in the ordinary course of the person's practice of that profession; and (c) the activity is, or relates primarily to, or is incidental to, the provision of representation in relation to a government administrative process involving the foreign principal; and (d) at the time the activity is undertaken, both of the following matters are either apparent to all persons with whom the person is dealing or disclosed to them: (i) the fact that the person is undertaking the activity on behalf of a foreign principal; (ii) the identity of the foreign principal. 30 Exemption: prescribed circumstances A person is exempt in relation to an activity the person undertakes on behalf of a foreign principal in the circumstances prescribed by the rules for the purposes of this section. Division 5—End of registration 31 Notice of end of liability to register (1) A person who is registered under the scheme in relation to a foreign principal may give the Secretary a notice under this section if the person is satisfied that: (a) the person has ceased to undertake activities on behalf of the foreign principal that are registrable in relation to the foreign principal; and (b) there is no registrable arrangement in existence between the person and the foreign principal. Note 1: If a person gives this notice, the person's registration in relation to the foreign principal ends (see section 32). Note 2: If a person gives this notice while a registrable arrangement is still in existence between the person and the foreign principal: (a) the person continues to be liable to register despite the notice (see subsection 19(1)); and (b) the person may commit an offence under this Act (see section 57A) and under the Criminal Code (see section 137.1 of the Code). (2) The notice must be: (a) in writing; and (b) in an approved form (if any); and (c) given in an approved manner (if any); and (d) accompanied by any information or documents required by the Secretary. (3) The notice must specify a day as the day the person's registration in relation to the foreign principal is to cease. The day: (a) must not be earlier than the day the notice is given; and (b) must not be later than the last day of the next renewal period for the registration (or, if the notice is given during a renewal period, the last day of that renewal period). 32 End of registration The registration of a person under the scheme in relation to a foreign principal ends on the earliest of the following days: (a) the day specified under subsection 31(3) in a notice given by the person under that section for the registration (notice of end of liability to register); (b) if the person is required to renew the registration under section 39 and does not do so—the first day after the end of the renewal period for the registration; (c) in circumstances prescribed by the rules—the day prescribed by the rules. Part 3—Responsibilities under the scheme Division 1—Simplified outline of this Part 33 Simplified outline of this Part A registrant has various responsibilities under the scheme. In general terms, the responsibilities are to: (a) promptly report any material changes affecting the registration and any disbursement activity undertaken on behalf of the foreign principal; and (b) during the voting period for a federal election or designated vote—review the currency of information provided by the registrant and promptly report about certain registrable activities undertaken during the voting period; and (d) renew registration annually for so long as the person remains liable to register under the scheme; and (e) keep proper records. In addition, any person who undertakes communications activity that is registrable in relation to a foreign principal must make a disclosure about the foreign principal. This applies whether or not the person is a registrant. Division 2—Reporting to the Secretary 34 Reporting material changes in circumstances (1) If a person who is registered under the scheme in relation to a foreign principal becomes aware that information provided to the Secretary for the purposes of the registration: (a) is, or will become, inaccurate or misleading in a material particular; or (b) omits, or will omit, any matter or thing without which the information is or will be misleading; the registrant must give the Secretary a notice correcting the inaccuracy or misleading impression. Note: It is an offence for a registrant not to give this notice (see subsection 58(1)). It is also an offence under the Criminal Code to give false or misleading information in compliance with a law of the Commonwealth (see section 137.1 of the Code). (2) The notice must be given before the end of the period of 14 days after the day the person becomes aware of the matter. (3) The notice must be: (a) in writing; and (b) in an approved form (if any); and (c) given in an approved manner (if any); and (d) accompanied by any information or documents required by the Secretary. (4) The following are examples of circumstances in which a person who is registered in relation to a foreign principal must give a notice to the Secretary under this section: (a) the person starts to undertake another kind of registrable activity on behalf of the foreign principal; (b) another kind of registrable activity is added to the activities the person is to undertake under an arrangement with the foreign principal; (c) the person ceases to be exempt under Division 4 of Part 2 in relation to an activity the person undertakes on behalf of the foreign principal; (d) consideration starts to be paid, or there is a change in consideration payable, to the person in relation to registrable activities undertaken on behalf of the foreign principal. (5) Subsection (1) does not apply in relation to information that would, apart from this subsection, be required to be included in a notice given under this section, if the information has been included in a notice given in accordance with: (a) section 36 (reporting on registration review when voting period begins); or (b) section 37 (reporting registrable activity during voting periods). This subsection applies even if the notice under this section was required to be given before the notice under section 36 or 37. Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code). 35 Reporting disbursement activity in Australia for the purpose of political or governmental influence (1) If: (b) a person undertakes disbursement activity on behalf of a foreign principal; and (c) the disbursement activity is registrable in relation to the foreign principal within the meaning of section 21 (activity in Australia for the purpose of political or governmental influence); and (d) the total value of the money or things of value disbursed in the course of disbursement activity undertaken by the person on behalf of the foreign principal: (i) reaches the electoral donations threshold; or (ii) reaches a multiple of that threshold; the person must give the Secretary a notice specifying the total value reached. Note: It is an offence for a registrant not to give this notice (see subsection 58(1)). It is also an offence under the Criminal Code to give false or misleading information in compliance with a law of the Commonwealth (see section 137.1 of the Code). (2) The notice must be given before the end of the following period after the day the threshold or multiple is reached: (a) if the threshold or multiple is reached on a day in a voting period for a federal election (other than a by‑election) or a designated vote—7 days; (b) otherwise—14 days. (2A) However, if the person was not registered under the scheme on the day the threshold or multiple is reached, the notice may instead be given on the day