Full Report (PDF, 696KB)
Australia has recently made amendments to its campaign finance legislation in order to place restrictions on campaign donations from foreign donors. The amendments also introduced a new category of political campaigners, being nonparty entities that incur a significant amount of campaign expenditures, which are subject to foreign donation obligations. Third parties, which engage in lower levels of campaigning, are also subject to certain restrictions with respect to such donations. Certain activities of foreign entities, such as providing services free of charge, constitute a gift for the purposes of the legislation. In addition, foreign persons and entities may be prosecuted for breaching the restrictions, including with respect to the receipt of foreign donations for campaign purposes.
Separate from the campaign finance law, the Foreign Influence Transparency Scheme also recently came into effect, requiring persons undertaking certain activities on behalf of a foreign principal to meet registration and disclosure obligations. Such activities include political and parliamentary lobbying, communications activity, and disbursement activity for the purposes of political or government influence.
In addition, amendments to national security legislation passed in 2018 introduced new offenses related to foreign interference in Australia’s political or government processes.
Australia’s federal campaign finance law, contained in Part XX of the Commonwealth Electoral Act 1918 (Cth), previously imposed no limits on either the private contributions received or the amounts spent by political parties and candidates during federal election campaigns. The rules primarily focus on disclosure requirements applicable to the financial returns that must be submitted to the Australian Electoral Commission (AEC) by relevant political actors. However, legislation passed in November 2018, the Electoral Legislation Amendment (Electoral Funding and Disclosure Reform) Act 2018 (Cth), introduced limits on foreign donations to parties and candidates and also prohibited other regulated political actors from using donations from foreign sources to fund political expenditures.
Other features of the current campaign finance system for federal elections in Australia include partial public or direct funding for political parties and candidates, in the form of reimbursement for campaign expenditures, calculated based on the total number of “first preference” votes received and on a set funding rate per vote; the regulation of nonparty entities that participate in election campaigns, including charities; requirements for donors to disclose information about donations that exceed a certain threshold; and a “Transparency Register” containing various details about “political parties, candidates, political campaigners, associated entities, third parties and donors registered with or recognised by the AEC.”
The legislative changes made in 2018 with respect to foreign donations and transparency were in response to concerns about foreign influence in politics and government in Australia. They followed a report by the Joint Standing Committee on Electoral Matters, in March 2017, that recommended banning foreign donations to political actors.
Australia has also instituted the Foreign Influence Transparency Scheme (FITS), following the passage of the relevant legislation in July 2018. Under this legislation, persons undertaking particular activities on behalf of a foreign principal are required to register and disclose certain information, with specific disclosure requirements applying during elections. In addition, reforms to the country’s national security legislation, also passed in July 2018, included the introduction of new foreign interference offenses, among various other changes.
This report focuses on Australia’s federal legislation restricting the political activities of foreign actors. We note, however, that the campaign finance legislation in three Australian states (New South Wales, Victoria, and Queensland) also contain restrictions on foreign donations, as well as regulating nonparty political actors.
II. Regulated Entities
In addition to political entities (parties, candidates, and Senate groups), the Commonwealth Electoral Act 1918 (Cth), as amended by the Electoral Legislation Amendment (Electoral Funding and Disclosure Reform) Act 2018 (Cth), imposes campaign finance and transparency rules on the following entities:
A. Associated Entities
An entity must register with the AEC as an associated entity if any of the following apply:
(a) the entity is controlled by one or more registered political parties;
(b) the entity operates wholly, or to a significant extent, for the benefit of one or more registered political parties;
(c) the entity is a financial member of a registered political party;
(d) another person is a financial member of a registered political party on behalf of the entity;
(e) the entity has voting rights in a registered political party;
(f) another person has voting rights in a registered political party on behalf of the entity.
An entity that is required to be registered for a financial year must not incur any electoral expenditure in the financial year unless it is registered.
B. Political Campaigners
A person or entity, other than a party, candidate, or member of Parliament, is required to register with the AEC as a political campaigner in a financial year if
(a) the amount of electoral expenditure incurred by or with the authority of the person or entity during that or any one of the previous 3 financial years is $500,000 or more; or
(b) the amount of electoral expenditure incurred by or with the authority of the person or entity:
(i) during that financial year is $100,000 or more; and
(ii) during the previous financial year was at least two‑thirds of the revenue of the person or entity for that year.
This new category of entity is “required to provide annual financial disclosure returns to the AEC in the same way that political parties currently do.”
C. Third Parties
A person or entity is considered to be a “third party” if
(a) the amount of electoral expenditure incurred by or with the authority of the person or entity during the financial year is more than the disclosure threshold; and
(b) the person or entity is not required to be, and is not, registered as a political campaigner under section 287F for the year.
The current disclosure threshold, applicable until June 30, 2019, is AU$13,800 (about US$9,620). The threshold is indexed effective from July 1 each year based on increases in the consumer price index. Third parties are not required to register with the AEC, but are subject to certain disclosure requirements and to restrictions on foreign donations, as outlined below.
The AEC provides specific guidance on campaign expenditure and disclosure for charities that are registered entities under the Australian Charities and Not-for-profits Commission Act 2012 (Cth). Such entities that incur expenditure at or above the disclosure threshold to influence voters in a federal election are subject to the requirements of the Commonwealth Electoral Act 1918 (Cth), including complying with foreign donation restrictions if they qualify as either a third party or a political campaigner.
E. Definitions of “Electoral Expenditure” and “Electoral Matter”
The amended Act contains two key definitions that are relevant to how different entities are regulated and what their obligations are with respect to foreign donations:
- Electoral expenditure is expenditure incurred for the dominant purpose of creating or communicating electoral matter.
- Electoral matter will be defined to be matter communicated or intended to be communicated for the dominant purpose of influencing the way electors vote in a federal election.
The AEC explains that
[w]here expenditure is incurred to create or communicate electoral matter, in addition to other reasons, the dominant purpose of the expenditure must be considered.
In general, any expenditure incurred by a political entity, a member of the House of Representatives or a Senator in relation to an election will be electoral expenditure.
Communications that have the dominant purpose of educating their audience, raising awareness of, or encouraging debate on a public policy issue are not considered electoral matter.
III. Limits on Foreign Donations
The 2018 legislation inserted a new Division 3A into Part XX of the Commonwealth Electoral Act 1918 (Cth). The “simplified outline” of the Division reads as follows:
This Division regulates gifts that are made to registered political parties, candidates, groups, political campaigners and third parties.
Gifts of over [AU]$1,000 [about US$700] to political entities (broadly, registered political parties, candidates and Senate groups) or political campaigners must not be made by foreign donors. A foreign donor is a person who does not have a connection to Australia, such as a person who is not an Australian citizen or an entity that does not have a significant business presence in Australia.
Broadly, gifts must not be made to a political entity, political campaigner or third party by a foreign donor for the purpose of incurring electoral expenditure or creating or communicating electoral matter.
Anti‑avoidance provisions apply to strengthen these requirements.
A person or entity may commit an offence or be liable for a civil penalty if the person or entity contravenes the requirements. There are some exceptions, such as when a gift is made in a personal capacity.
The objectives of the Division are explicitly stated in the Act:
(1) The object of the Division is to secure and promote the actual and perceived integrity of the Australian electoral process by reducing the risk of foreign persons and entities exerting (or being perceived to exert) undue or improper influence in the outcomes of elections.
(2) This Division aims to achieve this object by restricting the receipt and use of political donations made by foreign persons or entities that do not have a legitimate connection to Australia.
The Act contains the following definition of a “foreign donor”:
Each of the following is a foreign donor:
(a) a body politic of a foreign country;
(b) a body politic of a part of a foreign country;
(c) a part of a body politic mentioned in paragraph (a) or (b);
(d) a foreign public enterprise;
(e) an entity (whether or not incorporated) that does not meet any of the following conditions:
(i) the entity is incorporated in Australia;
(ii) the entity’s head office is in Australia;
(iii) the entity’s principal place of activity is, or is in, Australia;
(f) an individual who is none of the following:
(i) an elector;
(ii) an Australian citizen;
(iii) an Australian resident;
(iv) a New Zealand citizen who holds a Subclass 444 (Special Category) visa under the Migration Act 1958 (or if that Subclass ceases to exist, the kind of visa that replaces that Subclass).
For the purposes of these provisions, “gift” is defined as “any disposition of property made by a person to another person, being a disposition made without consideration in money or money’s worth or with inadequate consideration, and includes the provision of a service (other than volunteer labour) for no consideration or for inadequate consideration,” subject to specified exceptions.
A fact sheet on foreign donations produced by the AEC explains the legislative restrictions on the receipt of such donations by political entities, political campaigners, and third parties. With respect to political entities and political campaigners, gifts in the amount of AU$100 to $999.99 (about US$70 to $700) cannot be accepted where
o the person or entity knows that the foreign donor intends the gift to be used to incur electoral expenditure, or the dominant purpose of creating or communicating electoral matter; or
o the gift is accepted with the intent of using it to incur electoral expenditure, or for the dominant purpose of creating or communicating electoral matter[.]
As indicated above, such entities are prohibited from receiving donations of more than AU$1,000 from a foreign donor.
A third party must not receive a donation of $100 or more if it knows the donor is a foreign donor and either knows that the foreign donor intends the gift be used to incur electoral expenditure (or the dominant purpose of creating or communicating electoral matter), or accepts the gift with the intent to incur such expenditure or use it for such a purpose. In addition, a third party is restricted from receiving donations equal to or more than the disclosure threshold (i.e., AU$13,800) from a foreign donor if the donation is used for incurring electoral expenditure (or the dominant purpose of creating or communicating electoral matter).
In terms of associated entities, the fact sheet clarifies that
[t]here are generally no restrictions on associated entities receiving gifts from foreign donors, however anti-avoidance provisions in the Electoral Act prevent the channelling of foreign gifts to a political party, candidate, Senate group political campaigner or third party via an associated entity.
The Act enables entities to have a defense against any legal action related to the receipt of foreign donations if they have undertaken certain specified actions related to establishing that the donor is not a foreign donor. The Act “establishes civil and criminal penalties for receiving prohibited foreign donations and not subsequently taking acceptable action in relation to the donation.” Acceptable action means “either returning the gift, or an amount equivalent to the amount or value of the gift, to the donor or transferring the gift or an amount equivalent to the amount or value of the gift, to the Commonwealth.”
IV. Restrictions on Foreign Participants
There are no provisions in Australia that prohibit political entities or other regulated entities from employing or working with foreign individuals or entities. However, certain activities could give rise to foreign donation obligations under the amended Commonwealth Electoral Act 1918 (Cth). If, for example, a foreign advertising company provides services free of charge to a campaign group in relation to its communication of electoral matters, the value of the services would constitute a gift that is subject to the foreign donation restrictions under the Act. A further example, contained in the explanatory memorandum to the 2018 bill, is set out below:
Gifts from foreign donors earmarked for electoral expenditure
Dana is the agent for Kym, a candidate in the upcoming election. The Canadian Woodchipper’s Association donates $200,000 to Kym’s campaign to help Kym publicise her policy of removing tariffs on timber imports. The Association also offers to send one of their senior communications officers to Australia to work for Kym during her campaign. Kym accepts the Association’s offer. The commercial value of the communication officer’s work is a gift from the Association to Kym.
Six weeks after the gifts are made, Dana contravenes subsection 302F(1) as:
- the gift value is greater than $100, and she knows:
- the Association is a foreign donor:
- the Association intends the money to be used for Kym to incur electoral expenditure;
- the Association intends the professional services of the communications officer to be used to create and communicate electoral matter.
Two weeks after the gifts are made, Dana realises the gifts contravene section 302F.
She returns the money to the Association, and arranges to pay the Association the commercial value of the communication officer’s work.
Dana has taken acceptable action, and so she does not contravene section 302F.
The provisions regarding political campaigners and third parties do not explicitly refer to such entities being solely Australia-based individuals or groups. In fact, several offenses related to the receipt, and giving, of foreign donations provide for extended geographical jurisdiction (i.e., extraterritorial jurisdiction), meaning that foreign persons and entities who either donate or receive money in breach of the relevant provisions may be subject to prosecution. The relevant provisions refer to “extended geographical jurisdiction – category D,” as contained in section 15.4 of the Criminal Code Act 1995 (Cth). This section provides as follows:
If a law of the Commonwealth provides that this section applies to a particular offence, the offence applies:
(a) whether or not the conduct constituting the alleged offence occurs in Australia; and
(b) whether or not a result of the conduct constituting the alleged offence occurs in Australia.
The Act also provides for the more limited extraterritorial application (extended geographical jurisdiction – category B) of an offense prohibiting the publication or distribution, during an election period, of “any matter or thing that is likely to mislead or deceive an elector in relation to the casting of a vote.”
In addition to the foreign donation provisions in the Commonwealth Electoral Act 1918 (Cth), the FITS registration system and the new foreign interference offenses that came into effect in 2018, discussed below, are intended to ensure transparency for the public with respect to the involvement of foreign entities in Australian elections, politics, and government.
V. Foreign Influence Transparency Scheme
The Australian Attorney-General’s Department provides the following summary of the FITS:
The Foreign Influence Transparency Scheme commenced on 10 December 2018. Its purpose is 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.
The Foreign Influence Transparency Scheme Act 2018 (Cth) was recently amended in early April 2019 in order to clarify the scope of a number of key provisions and align some of the reporting obligations under the Act.
Under the Act, the following are types of registrable activity: parliamentary lobbying, general political lobbying, communications activity, and disbursement activity. Lobbying “is deemed to be for the purpose of political or governmental influence if it is undertaken for the primary or substantial purpose of influencing” certain processes, decisions, or outcomes, including “a process relating to a federal election or referendum.”
A person undertakes “communications activity” if he or she undertakes one of two types of activity:
The first is communicating or distributing information or material to the public or a section of the public. The second is producing information or material for the purpose of the information or material being communicated or distributed to the public or a section of the public.
Any person who undertakes such an activity “must ensure they make a disclosure about the fact that the information or material is produced, communicated or disseminated on behalf of a foreign principal and is a registrable activity under the Foreign Influence Transparency Scheme Act 2018.” The disclosure requirements for different types of communications activities are set out in the Foreign Influence Transparency Scheme (Disclosure in Communications Activity) Rules 2018 (Cth).
With respect to “disbursement activity,” which “includes the distribution of money or things of value on behalf of a foreign principal,” such activity must be registered if the person, or recipient of the disbursement, is not otherwise required to disclose the activity under Part XX of the Commonwealth Electoral Act 1918 (Cth) and if the activity is undertaken for the purposes of political or governmental influence.
People and entities who are required to register under the Act “have specific obligations during voting periods (including election periods).” These include
- reviewing registration information and confirming it is correct or updating the information
- reporting any registrable activities undertaken during the voting periods (if relating to the relevant vote or election).
For example, a person must “report disbursement activities undertaken during the voting period within seven days of the value of disbursements reaching the electoral donations threshold or a multiple of the threshold.”
VI. Foreign Interference Offenses
The 2018 national security reforms added a new division into the Criminal Code Act 1995 (Cth) that contains several “foreign interference” offenses. These include intentional and reckless foreign interference, preparing for a foreign interference offense, and foreign interference involving foreign intelligence agencies. For example, the provision establishing the offense of intentional foreign interference, which is subject to a maximum term of imprisonment of twenty years, states as follows:
(1) A person commits an offence if:
(a) the person engages in conduct; and
(b) any of the following circumstances exists:
(i) the person engages in the conduct on behalf of, or in collaboration with, a foreign principal or a person acting on behalf of a foreign principal;
(ii) the conduct is directed, funded or supervised by a foreign principal or a person acting on behalf of a foreign principal; and
(c) the person intends that the conduct will:
(i) influence a political or governmental process of the Commonwealth or a State or Territory; or
(ii) influence the exercise (whether or not in Australia) of an Australian democratic or political right or duty; or
(iii) support intelligence activities of a foreign principal; or
(iv) prejudice Australia’s national security; and
(d) any part of the conduct:
(i) is covert or involves deception; or
(ii) involves the person making a threat to cause serious harm, whether to the person to whom the threat is made or any other person; or
(iii) involves the person making a demand with menaces.
Foreign Law Specialist
 Commonwealth Electoral Act 1918 (Cth) pt XX, https://www.legislation.gov.au/Details/C2019C00103, archived at https://perma.cc/7AXH-H69E.
 See generally Financial Disclosure, Australian Electoral Commission (AEC),https://www.aec.gov.au/ Parties_and_Representatives/financial_disclosure/index.htm (last updated June 3, 2019), archived at https://perma.cc/W47N-BTGE.
 Electoral Legislation Amendment (Electoral Funding and Disclosure Reform) Act 2018 (Cth), https://www.legislation.gov.au/Details/C2018A00147, archived at https://perma.cc/928M-BYHQ. See also Electoral Legislation Amendment (Electoral Funding and Disclosure Reform) Bill 2018, Parliament of Australia,https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=s1117 (last visited June 4, 2019), archived at https://perma.cc/B6XM-AGHQ; Funding, Disclosure and Political Parties, AEC, https://www.aec.gov.au/Parties_and_Representatives/index.htm (last updated May 31, 2019), archived at https://perma.cc/LD4H-6Y2Z.
 Election Funding, AEC,https://www.aec.gov.au/Parties_and_Representatives/public_funding/index.htm (last updated May 13, 2019), archived at https://perma.cc/C8PE-URMD; Commonwealth Electoral Act 1918 (Cth) pt XX div 3.
 See Charities Electoral Expenditure and Disclosure, AEC,https://www.aec.gov.au/Parties_and_ Representatives/charities.htm (last updated Jan. 30, 2019), archived at https://perma.cc/3NAZ-68D8.
 See Donors, AEC,https://aec.gov.au/Parties_and_Representatives/financial_disclosure/guides/donors/ index.htm (last updated June 3, 2019), archived at https://perma.cc/WVG3-QMXD.
 Transparency Register, AEC,https://www.aec.gov.au/Parties_and_Representatives/financial_disclosure/ transparency-register/ (last updated May 31, 2019), archived at https://perma.cc/32FC-CBUZ; Commonwealth Electoral Act 1918 (Cth) pt XX div 1A subdiv C.
 Joint Standing Committee on Electoral Matters, Second Interim Report on the Inquiry into the Conduct of the 2016 Federal Election: Foreign Donations ix, 39–40 (Mar. 2017), https:// parlinfo.aph.gov.au/parlInfo/download/committees/reportjnt/024053/toc_pdf/Secondinterimreportontheinquiryintotheconductofthe2016federalelectionForeignDonations.pdf;fileType=application%2Fpdf, archived at https://perma.cc/3WUK-HZ2U.
 Foreign Influence Transparency Scheme Act 2018 (Cth), https://www.legislation.gov.au/Details/C2019 C00133, archived at https://perma.cc/VFQ6-AMZD.
 See Kelly Buchanan, Australia: Bills Containing New Espionage, Foreign Interference Offenses, and Establishing Foreign Agent Registry Enacted, Global Legal Monitor (Aug. 21, 2018),https://www.loc.gov/law/foreign-news/article/australia-bills-containing-new-espionage-foreign-interference-offenses-and-establishing-foreign-agent-registry-enacted/; Foreign Influence Transparency Scheme, Attorney-General’s Department,https://www.ag.gov.au/Integrity/foreign-influence-transparency-scheme/Pages/default.aspx (last visited June 4, 2019), archived at https://perma.cc/44NS-YHKA.
 National Security Legislation Amendment (Espionage and Foreign Interference) Act 2018 (Cth), https://www.legislation.gov.au/Details/C2018C00506, archived at https://perma.cc/XCN3-4HHP; Buchanan, supra note 10.
 See Damon Muller, Election Funding and Disclosure in Australian States and Territories: A Quick Guide, Australian Parliamentary Library (updated Nov. 28, 2018), https://www.aph.gov.au/About_Parliament/ Parliamentary_Departments/Parliamentary_Library/pubs/rp/rp1819/Quick_Guides/ElectionFundingStates, archived at https://perma.cc/9EMG-SAUK.
 Commonwealth Electoral Act 1918 (Cth) s 287H(1). See also Associated Entities, AEC, https://www.aec.gov.au/Parties_and_Representatives/financial_disclosure/guides/associated-entities/index.htm (last updated May 31, 2019), archived at https://perma.cc/A2EU-9AL4.
 Commonwealth Electoral Act 1918 (Cth) s 287H(3). See also Who Needs to Register?, AEC,https://www.aec.gov.au/Parties_and_Representatives/financial_disclosure/who-needs-to-register.htm (last updated May 17, 2019), archived at https://perma.cc/5JZT-XQ8N.
 Commonwealth Electoral Act 1918 (Cth)s 287F(1).
 Funding, Disclosure and Political Parties, supra note 3.
 Commonwealth Electoral Act 1918 (Cth)s 287. See also Third Party Electoral Expenditure and Disclosure, AEC, https://www.aec.gov.au/Parties_and_Representatives/financial_disclosure/guides/third-parties/index.htm (last updated June 3, 2019), archived at https://perma.cc/JW4Z-CZ5Y.
 Disclosure Threshold, AEC,https://www.aec.gov.au/Parties_and_Representatives/public_funding/ threshold.htm (last updated May 28, 2019), archived at https://perma.cc/CZ4D-HBPQ.
 Third Party Electoral Expenditure and Disclosure, supra note 17.
 Australian Charities and Not-for-profits Commission Act 2012 (Cth), https://www.legislation.gov.au/ Details/C2016C00306, archived at https://perma.cc/X3XZ-BKGS.
 Charities Electoral Expenditure and Disclosure, supra note 5.
 Funding, Disclosure and Political Parties, supra note 3. See also Commonwealth Electoral Act 1918 (Cth) ss 4AA & 287AB.
 Funding, Disclosure and Political Parties, supra note 3. See also AEC, Electoral Matter and Electoral Expenditure: Understanding These Terms (Jan. 2019), https://www.aec.gov.au/Parties_and_ Representatives/financial_disclosure/files/electoral-matter-and-electoral-expenditure-fact-sheet.pdf, archived at https://perma.cc/QJK2-ZQVF.
 Electoral Legislation Amendment (Electoral Funding and Disclosure Reform) Act 2018 (Cth) s 33.
 Commonwealth Electoral Act 1918 (Cth) s 302A.
 Id. s 302C.
 Id. s 287AA.
 Id. s 287.
 AEC, Foreign Donations 3 (Jan. 1, 2019), https://aec.gov.au/Parties_and_Representatives/financial_ disclosure/files/foreign-donations-fact-sheet-2019.pdf, archived at https://perma.cc/8EMW-P3JM.
 Id. at 4.
 Id. at 4–6.
 Id. at 7.
 See House of Representatives, Electoral Legislation Amendment (Electoral Funding and Disclosure Reform) Bill 2018: Revised Explanatory Memorandum 18 (2018), https://parlinfo.aph.gov.au/parlInfo/ download/legislation/ems/s1117_ems_f09ebf30-3ea6-4959-b890-d7f1359a2a11/upload_pdf/ 690873.pdf;fileType=application/pdf, archived at https://perma.cc/7QNM-YKKT.
 Id. at 59–60.
 Commonwealth Electoral Act 1918 (Cth) ss 302F(4), 302G(3), 302H(4).
 Criminal Code Act 1995 (Cth) s 15.4, https://www.legislation.gov.au/Details/C2019C00152, archived at https://perma.cc/65WG-Q5HN.
 Commonwealth Electoral Act 1918 (Cth) s 329.
 Id.; Foreign Influence Transparency Scheme Amendment Act 2019 (Cth), https://www.legislation.gov.au/ Details/C2019A00032, archived at https://perma.cc/H7E4-9NT4.
 Attorney-General’s Department, Foreign Influence Transparency Scheme: Factsheet 5 – Registrable Activities 1 (Feb. 2019), https://www.ag.gov.au/Integrity/foreign-influence-transparency-scheme/Documents/fact-sheets/registrable-activities.pdf, archived at https://perma.cc/G2CN-23DS. See also Foreign Influence Transparency Scheme Act 2018 (Cth) s 10.
 Attorney-General’s Department, Foreign Influence Transparency Scheme: Factsheet 10 – Disclosures in Communications Activities 1 (Apr. 2019), https://www.ag.gov.au/Integrity/foreign-influence-transparency-scheme/Documents/fact-sheets/disclosures-in-communications-activities.pdf, archived at https://perma.cc/8V9C-9CFA. See also Foreign Influence Transparency Scheme Act 2018 (Cth) s 13.
 Factsheet 10 – Disclosures in Communications Activities, supra note 43,at 2. See also Foreign Influence Transparency Scheme Act 2018 (Cth) s 38.
 Factsheet 10 – Disclosures in Communications Activities, supra note 43,at 2; Foreign Influence Transparency Scheme (Disclosure in Communications Activity) Rules 2018 (Cth), https://www.legislation.gov.au/Details/ F2019C00045, archived at https://perma.cc/68ZV-TKVX.
 Factsheet 5 – Registrable Activities, supra note 42, at 3. See also Foreign Influence Transparency Scheme Act 2018 (Cth) ss 10 & 12.
 Attorney-General’s Department, Foreign Influence Transparency Scheme: Factsheet 9 – Obligations During Voting Periods 1 (Apr. 2019), https://www.ag.gov.au/Integrity/foreign-influence-transparency-scheme/Documents/fact-sheets/registrant-obligations-during-voting-periods.pdf, archived at https://perma.cc/C7Y6-VS6J.
 Id. at 2. See also Foreign Influence Transparency Scheme Act 2018 (Cth) ss 36 & 37.
 Criminal Code Act 1995 (Cth) pt 5.2 div 92.
 Id. s 92.2(1).
Last Updated: 12/30/2020