Compliance Framework
Compliance Driver
Foreign Influence Transparency Scheme Act 2018 (Cth)
Classification
Level 2
University-wide requirement. Lower impacts.
Associated Legislation
Associated Standards
None
Associated Codes
None
Associated Information
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Administrative Information
Administrative Body
Australian Government - Attorney General's Department
Administrative Name
, Attorney General
Administrative Address
Administrative Phone
Administrative Email
Administrative Website
https://www.ag.gov.au/Integrity/Pages/default.aspx
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General Introduction
VC Compliance Delegate
Chris Armstrong, Deputy Vice-Chancellor Research
Compliance Coordinator
Faraz Hasan, Director of Research
Business Units Impacted
Overview
The Foreign Influence Transparency Scheme aims to provide the public and government decision-makers with visibility of the nature, level and extent of foreign influence on Australia's government and political process. The scheme introduces registration obligations for persons and entities who have arrangements with, and undertake certain activities on behalf of, foreign principals. Whether a person or entity is required to register will depend on who the foreign principal is, the nature of the activities undertaken, the purpose for which the activities are undertaken, and in some cases, whether the person has held a senior public position in Australia.
Under the scheme, people or entities that undertake certain activities on behalf of a foreign principal for the purpose of political or governmental influence are required to register unless an exemption applies.
A foreign principal includes: a foreign government; a foreign political organisation; a foreign government related entity and a foreign government related individual.
Categories of registrable activities include: parliamentary lobbying on behalf of a foreign government; parliamentary lobbying on behalf of other kinds of foreign principals for the purpose of political or governmental influence; •general political lobbying for the purpose of political or governmental influence; communications activities for the purpose of political or government influence; disbursement activities for the purpose of political or governmental influence; activities undertaken by former Cabinet ministers on behalf of a foreign principal
•activities undertaken by recent designated position holders in the 15 year period immediately following their public role where those activities draw on the knowledge, skills or experience gained in their previous role.
UNE may have an obligation to report in the event that it is involved in or aware of a registrable activity.
The scheme also:
•allows for the Secretary of the Attorney-General's Department to issue a transparency notice if the Secretary is satisfied that a person is a foreign government related entity, or a foreign government related individual, and
•establishes criminal offences ranging from failing to comply with obligations under the scheme, through to failing to register in circumstances where a person is required to do so.
Compliance Obligations
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Assess likelihood of UNE being involved in registerable actvities under the scheme
Description
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.
Impacts
High - Reputation
Breach Impact Financial:
Section 57(1) - Failure to register when liable to register - 1,500 penalty units (5 years = 60 months Ã-- 5 Ã-- 5)
Section 57(2) - Recklessly failing to register when liable to register - 900 penalty units
Section 57(3) - Failing to register (strict liability) - 300 penalty units
Section 58(1) - Failure to fulfill reporting responsibility - 300 penalty units
Section 58(2) - Failure to fulfill responsibility to disclose in communications activity - 300 penalty units
Section 58(3) - Failure to keep records - 300 penalty units
Breach Impact Non-Financial:
Section 46 - Public Register - Details published on public Foreign Influence Transparency Scheme Register
Section 49 - Compliance Notice - Secretary may issue notice requiring steps to ensure compliance
Section 67 - Enforceable Undertakings - Secretary may accept undertakings regarding compliance
Section 72 - Injunctions - Court may grant injunctions to prevent or compel conduct
Executive Liability: Indirect.
Criminal Penalty/Offence: Yes.
Responsible Manager
Radha Thomas, Director Governance and University Secretary
Coordinating Officer
Radha Thomas, Director Governance and University Secretary
Coordinating Unit
Office of the Director Governance and University Secretary
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
None
Protocol
None
Procedure
None
Guideline
None
Other Websites
Compliance Overview