{"id":"F2018L01696","name":"Foreign Influence Transparency Scheme Rules 2018","slug":"foreign-influence-transparency-scheme-rules-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":98357,"registerId":"commonwealth-F2018L01696-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This instrument is the Foreign Influence Transparency Scheme Rules 2018.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under the Foreign Influence Transparency Scheme Act 2018.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act.\n\n In this instrument:\n\n> ABN has the same meaning as in the A New Tax System (Australian Business Number) Act 1999.\n\n> Act means the Foreign Influence Transparency Scheme Act 2018.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Registration under the scheme","content":"## Part 2—Registration under the scheme","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Exemptions: prescribed circumstances","content":"#### 5 Exemptions: prescribed circumstances\n\n (1) For the purposes of section 30 of the Act, a person is exempt in relation to an activity the person undertakes on behalf of a foreign principal if:\n (a) the person:\n (i) is employed under the Members of Parliament (Staff) Act 1984; or\n (ii) is a consultant engaged under that Act; or\n (iii) is a Commonwealth public official; and\n (b) undertaking the activity is within the scope of the functions that the person undertakes in the person’s capacity as such a person; and\n (c) at the time the activity is undertaken, the identity of the foreign principal is either apparent to all persons with whom the person is dealing or disclosed to them.\n (2) For the purposes of section 30 of the Act, a person is exempt in relation to an activity the person undertakes on behalf of a foreign principal if:\n (a) the activity is covered by item 2 of the table in subsection 21(1) of the Act (about general political lobbying in Australia for the purpose of political or governmental influence); and\n (b) the foreign principal or the person is taking part in a process relating to a federal government decision within the meaning of paragraph 12(1)(b) of the Act in order to comply with a law of the Commonwealth; and\n (c) the process involves the foreign principal or the person providing information in accordance with that law to the maker of the decision or another person assisting the maker of the decision, for the purposes of making the decision; and\n (d) at the time the activity is undertaken, the identity of the foreign principal is either apparent to all persons with whom the person is dealing or disclosed to them.","sortOrder":5},{"sectionNumber":"Part 3","sectionType":"part","heading":"Register of scheme information","content":"## Part 3—Register of scheme information","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Information to be made publicly available on website","content":"#### 6 Information to be made publicly available on website\n\n For the purposes of paragraph 43(1)(c) of the Act, the following information is prescribed in relation to each person registered in relation to a foreign principal:\n (a) the trading name of the person (if applicable);\n (b) the ABN, or foreign equivalent, of the person (if applicable);\n (c) any other names by which the person is known;\n (d) if the person is an individual—the occupation of the person;\n (e) if the person is a former Cabinet Minister—that fact;\n (f) if the person is a recent designated position holder—that fact;\n (g) the trading name of the foreign principal (if applicable);\n (h) the ABN, or foreign equivalent, of the foreign principal (if applicable);\n (i) if the foreign principal is an individual:\n (i) the individual’s title (including any post‑nominals); and\n (ii) any other names by which the individual is known;\n (j) the name of the foreign country that the foreign principal is part of or related to;\n (k) the type of foreign principal;\n (l) a description of the registrable activities the person undertakes, has undertaken or proposes to undertake on behalf of the foreign principal;\n (m) the date, or period over which, the person undertakes, has undertaken or proposes to undertake the registrable activities on behalf of the foreign principal;\n (n) whether the person undertakes, has undertaken or proposes to undertake the registrable activities on behalf of the foreign principal:\n (i) under an arrangement with the foreign principal; or\n (ii) in the service of the foreign principal; or\n (iii) on the order or at the request of the foreign principal; or\n (iv) under the direction of the foreign principal;\n (o) a description of any arrangement, order, request or direction mentioned in paragraph (n);\n (p) if subparagraph (n)(ii) applies to the person—a description of the relationship between the person and the foreign principal.\n\n> Note: Subsection 43(2) of the Act provides for when certain information must not be included on the website.","sortOrder":7},{"sectionNumber":"6A","sectionType":"section","heading":"Information not to be included on website","content":"#### 6A Information not to be included on website\n\n (1) For the purposes of paragraph 43(2)(c) of the Act (about information not to be included on the website providing information on persons who are or have been registered in relation to a foreign principal), this section prescribes information:\n (a) that is sensitive; and\n (b) that:\n (i) was contained in an application for registration of a person, a notice given by a person under section 31, 34, 35, 36 or 37 of the Act in connection with registration of a person, or a renewal of registration of a person, relating to a foreign principal and an activity described in subsection (2) of this section; or\n (ii) accompanied such an application, notice or renewal; or\n (iii) was contained in a document accompanying such an application, notice or renewal.\n (2) Subparagraph (1)(b)(i) applies in relation to an activity for which all the following conditions are met:\n (a) the activity is or was undertaken on behalf of the foreign principal by the person;\n (b) the activity is or was undertaken in the context of confidential consultation of the foreign principal or the person by a person (the consulter) described in subsection (3) that:\n (i) was initiated by the consulter; and\n (ii) relates or related to a proposed policy or proposed change to an existing policy;\n (c) at the time the activity is or was undertaken, the identity of the foreign principal is or was either:\n (i) apparent to all persons with whom the person is or was dealing; or\n (ii) disclosed to them.\n (3) For the purposes of paragraph (2)(b), each of the following is a consulter:\n (a) a Commonwealth public official;\n (b) a Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013) or a subsidiary of a Commonwealth entity (within the meaning of that Act);\n (c) a Commonwealth company (within the meaning of the Public Governance, Performance and Accountability Act 2013);\n (d) an individual in the course of performing the individual’s functions in relation to a person or body mentioned in paragraph (a), (b) or (c).","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Removal of publicly available information from website","content":"#### 7 Removal of publicly available information from website\n\n For the purposes of subsection 43(3) of the Act, the Secretary is to remove publicly available information from the website in the following circumstances:\n (a) the Secretary is satisfied that the information is not true;\n (b) the Secretary is satisfied that the information was provided in relation to an application for registration under the scheme that was fraudulently made.","sortOrder":9},{"sectionNumber":"Part 4","sectionType":"part","heading":"Communicating and dealing with scheme information","content":"## Part 4—Communicating and dealing with scheme information","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Other purposes for communicating information","content":"#### 8 Other purposes for communicating information\n\n For the purposes of item 4 of the table in subsection 53(1) of the Act:\n (a) a purpose specified in an item in column 1 of the table in this section is a purpose for which the Secretary may communicate scheme information; and\n (b) a person specified in column 2 of that item is a person to whom that information may be communicated for that purpose.\n\n```html\n

Prescribed purposes and persons

Column 1

Column 2

Item

Communication for this purpose:

May be made to:

1

administering the Australia’s Foreign Relations (State and Territory Arrangements) Act 2020

either of the following:

(a) the Minister who has responsibility for administering that Act;

(b) the Department administered by that Minister.

\n```","sortOrder":11}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The rules are delegated legislation that detail the operation of the Foreign Influence Transparency Scheme Act 2018. They do not expand the original purpose of the Act but rather prescribe exemptions, register contents, and information-sharing provisions as authorised by the Act."},"complexity_factors":["Defined terms (ABN, Act) with cross-references to other legislation","Conditional exemptions with multiple sub-conditions in sections 5 and 6A","Cross-references to the parent Act (e.g., sections 30, 43, 53)","Table format in section 8 for specifying purposes and persons for information sharing","Note referencing subsection 43(2) which adds conditionality"],"plain_english_summary":"The **Foreign Influence Transparency Scheme Rules 2018** set out the detailed rules for how the transparency scheme works under the main Act. \n\n**Exemptions from registration:**\n- Certain people are exempt from registering their activities for a foreign principal, including:\n - Staff employed under the *Members of Parliament (Staff) Act 1984* (e.g. ministerial staff)\n - Consultants engaged under that Act\n - Commonwealth public officials\n But only if the activity is part of their normal job and the foreign principal's identity is obvious or disclosed.\n- Also exempt is activity that involves taking part in a government decision process required by a Commonwealth law, where the foreign principal's identity is known.\n\n**What information is made public on the register:**\nFor each registered person, the following must be published:\n- Trading name, ABN, other names\n- Occupation and whether they are a former Cabinet Minister or recent designated position holder\n- Details of the foreign principal (trading name, ABN, title, country, type)\n- Description of the registrable activities, dates, and the nature of the relationship (e.g. under an arrangement, in service, on order or request, under direction)\n- Description of any arrangement, order, request, or direction\n\n**What must NOT be published:**\nSensitive information is excluded from the website if it comes from a registration or related document and the activity involved confidential consultation by a Commonwealth official about a proposed policy, provided the foreign principal's identity was known.\n\n**Removal of information from the register:**\nThe Secretary must remove publicly available information if it is not true or if it was provided under a fraudulent registration.\n\n**Sharing scheme information:**\nThe Secretary can share scheme information with the Minister or Department responsible for administering the *Australia's Foreign Relations (State and Territory Arrangements) Act 2020*, for the purpose of administering that Act.\n\n**Why it matters:** These rules clarify who must register, what details become public, and when information can be withheld or shared. They affect anyone who undertakes activities for foreign governments, entities, or individuals aimed at influencing Australian politics or government decisions."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument remains tightly scoped to its original purpose of operationalising the Foreign Influence Transparency Scheme Act 2018. It deals with registration exemptions, public disclosure requirements, and information handling—precisely the matters one would expect in subordinate legislation under that Act. No significant scope creep is evident."},"complexity_factors":["Multiple cross-references to the parent Act (Foreign Influence Transparency Scheme Act 2018) requiring readers to flip between instruments","Nested conditional logic in section 5 with three cumulative requirements for exemptions (employment status, scope of functions, and disclosure)","Complex definitional chain in section 6A involving four levels: sensitive information → specific document types → activity conditions → consulter definitions","Table-based legislative drafting in section 8 with HTML formatting that complicates plain reading","Reliance on external statutory definitions (ABN, Commonwealth entity, Commonwealth company) from three other Acts"],"plain_english_summary":"This legislation sets out detailed operational rules for Australia's Foreign Influence Transparency Scheme (FITS), which requires people who work on behalf of foreign governments, companies or individuals to register their activities.\n\n**What it does:**\n\n* **Creates exemptions from registration** for certain people, including:\n * Parliamentary staff and Commonwealth public officials, provided they disclose which foreign principal they're working for when dealing with others\n * People engaged in political lobbying if they're simply complying with Commonwealth law (for example, making a mandatory submission to a government decision-maker) and they disclose the foreign principal's identity\n\n* **Specifies what information goes on the public register**, including:\n * Names and business details of both the Australian person and the foreign principal\n * Whether the person is a former Cabinet Minister or held a senior government position\n * What activities they're doing, when, and under what arrangement (contract, employment, request, or direction)\n\n* **Protects sensitive information** by keeping it off the public website when it involves confidential policy consultations initiated by government officials, provided the foreign principal's identity is disclosed\n\n* **Allows information sharing** with the Foreign Minister and their department for administering Australia's foreign relations laws\n\n* **Sets rules for removing false or fraudulent information** from the register\n\n**Who it affects:**\n\n* People and organisations who must register under the Foreign Influence Transparency Scheme Act\n* Government officials who need to access scheme information\n* The general public, who can view the register to see who is influencing Australian politics on behalf of foreign interests\n\n**Why it matters:**\n\nThese rules balance transparency about foreign influence with practical protections for legitimate government processes. The exemptions recognise that public officials sometimes legitimately interact with foreign entities as part of their jobs, while the confidentiality provisions protect sensitive policy discussions from premature public disclosure."}},"importantCases":[],"_links":{"self":"/api/acts/foreign-influence-transparency-scheme-rules-2018","history":"/api/acts/foreign-influence-transparency-scheme-rules-2018/history","analysis":"/api/acts/foreign-influence-transparency-scheme-rules-2018/analysis","conflicts":"/api/acts/foreign-influence-transparency-scheme-rules-2018/conflicts","importantCases":"/api/acts/foreign-influence-transparency-scheme-rules-2018/important-cases","documents":"/api/acts/foreign-influence-transparency-scheme-rules-2018/documents"}}