Foreign Influence Transparency Scheme Act 2018

Foreign Influence Transparency Scheme Act 2018
Parliament of Australia
  • An Act to establish a scheme to improve the transparency of activities undertaken on behalf of foreign principals, and for related purposes
Enacted byParliament of Australia
Enacted28 June 2018[1]
Considered byAustralian Senate
Assented to29 June 2018[1]
Legislative history
First chamber: Parliament of Australia
Introduced byMalcolm Turnbull
First reading7 December 2017[1]
Second reading26 June 2018[1]
Third reading26 June 2018[1]
Second chamber: Australian Senate
First reading27 June 2018[1]
Second reading27 June 2018[1]
Third reading28 June 2018[1]
Status: In force

The Foreign Influence Transparency Scheme Act 2018 (Cth) (FITSA) is an Australian statute that creates a registration scheme for foreign agents in Australia.

FITSA is modelled on the American Foreign Agents Registration Act; when he introduced the bill that would become FITSA in Parliament, then–Prime Minister Malcolm Turnbull described it as an "improved version" of the American statute.[2] The statute was part of a "package" of legislation aimed at countering foreign influence in Australia that the Turnbull government advanced beginning in December 2017.[3][4] When drafting the bill, the Turnbull government worked closely with the United States Department of Justice.[5] It was amended substantially following criticism from civil society groups that argued the original provisions would stifle freedom of speech.[6]

FITSA received royal assent on 29 June 2018.[7] It requires anyone who engages in lobbying or "any kind of communications activity for the purpose of political influence" on behalf of a "foreign principal"—a term that includes foreign governments and some other organizations—to register with the federal government, and imposes criminal penalties for failure to do so.[3]

In December 2023, former Liberal candidate and prominent fundraiser Di Sanh "Sunny" Duong became the first person to be criminally convicted for violations of the law.[8][9]

  1. ^ a b c d e f g h "Foreign Influence Transparency Scheme Bill 2018". Parliament of Australia. Archived from the original on 5 March 2021. Retrieved 9 August 2021.
  2. ^ Draffen & Ng 2020, pp. 1102–1103.
  3. ^ a b Douek, Evelyn (11 July 2018). "What's in Australia's New Laws on Foreign Interference in Domestic Politics". Lawfare. Archived from the original on 23 September 2023. Retrieved 9 August 2021.
  4. ^ Köllner, Patrick (4 May 2021). "Australia and New Zealand recalibrate their China policies: convergence and divergence". The Pacific Review. 34 (3): 405–436. doi:10.1080/09512748.2019.1683598. ISSN 0951-2748. S2CID 211459742.
  5. ^ Robinson 2020, p. 1089.
  6. ^ Robinson 2020, pp. 1089–1090.
  7. ^ "Foreign Influence Transparency Scheme Act 2018". Archived from the original on 15 May 2021. Retrieved 9 August 2021.
  8. ^ "Ex-Liberal candidate found guilty of using donation to attempt to influence Morrison government for China". The Guardian. 19 December 2023. ISSN 0261-3077. Archived from the original on 20 December 2023. Retrieved 19 December 2023.
  9. ^ Silva, Kristian (19 December 2023). "Chinese-Australian businessman guilty of attempting to influence then-minister Alan Tudge with hospital donation". ABC News. Archived from the original on 19 December 2023. Retrieved 19 December 2023.