Foreign Influence Transparency Scheme Legislation Amendment Act 2018

No. 152, 2018

An Act to amend the law in relation to foreign influence transparency, and for related purposes

Contents

1 Short title 1

2 Commencement 2

3 Schedules 2

Schedule 1—Amendments 3

Foreign Influence Transparency Scheme Act 2018 3

National Security Legislation Amendment (Espionage and Foreign Interference) Act 2018 3

An Act to amend the law in relation to foreign influence transparency, and for related purposes

[Assented to 10 December 2018]

The Parliament of Australia enacts:
1 Short title

This Act is the Foreign Influence Transparency Scheme Legislation Amendment 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 Commencement information Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
1. The whole of this Act The later of: (a) the day this Act receives the Royal Assent; and (b) immediately after the commencement of the Foreign Influence Transparency Scheme Act 2018. 10 December 2018 (paragraph (b) applies)

Note: This table relates only to the provisions of this Act as originally enacted.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 Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Amendments

Foreign Influence Transparency Scheme Act 2018

 1 Section 41

After “registrants”, insert “, former registrants”.

 2 Subsection 43(1)

Omit “each person registered”, substitute “each person who is, or has at any time been, registered”.

 3 Paragraph 43(1)(b)

After “undertakes”, insert “or undertook”.

 4 Section 44

Omit “in the register”, substitute “on the register or made publicly available under section 43”.

 5 Application

The amendments of the Foreign Influence Transparency Scheme Act 2018 made by this Schedule apply in relation to a person who is, or has at any time been, registered in relation to a foreign principal:

National Security Legislation Amendment (Espionage and Foreign Interference) Act 2018

 a

whether the person became registered before or after this Schedule commences; and

 b

even if the person ceased to be registered before this Schedule commences.

 6 Item 1 of Schedule 5

Repeal the item, substitute:

 1 Requirement to register in relation to pre-existing arrangements

If, at the time the Foreign Influence Transparency Scheme Act 2018 commences, a registrable arrangement is in existence between a person and a foreign principal, the person must register under the scheme no later than whichever of the following days occurs first:

[Minister’s second reading speech made in—

House of Representatives on 28 November 2018

Senate on 5 December 2018]

(234/18)

 a

the day that is 3 months after the day that Act commences;

 b

(b) the day that is 14 days after the day, or the earlier of the days, on which writs are issued for a general election or a Senate election (within the meaning of the Commonwealth Electoral Act 1918).