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Foreign Influence Transparency Scheme Act 2018
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Administered by
Attorney-General's Department
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C2024C00466 (C05)
14 October 2024
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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
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Part 2—Registration under the scheme
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Division 1—Simplified outline of this Part
15 Simplified outline of this Part
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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
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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
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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
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Division 5—End of registration
31 Notice of end of liability to register
32 End of registration
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Part 3—Responsibilities under the scheme
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Division 1—Simplified outline of this Part
33 Simplified outline of this Part
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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
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Division 3—Other responsibilities
38 Disclosure in communications activity
39 Annual renewal of registration
40 Keeping records
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Part 4—Obtaining and handling scheme information
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Division 1—Simplified outline of this Part
41 Simplified outline of this Part
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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
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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
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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
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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
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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
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
