DEFINITIONS UNDER THE AUSTRALIAN INFLUENCE TRANSPARENCY SCHEME

Foreign country: Any country other than Australia or an external Territory (whether or not an independent sovereign State).

Foreign government :

                     (a)  the government of a foreign country or of part of a foreign country; or

                     (b)  an authority of the government of a foreign country; or

                     (c)  an authority of the government of part of a foreign country; or

                     (d)  a foreign local government body or foreign regional government body.

Foreign government related entity: A person, other than an individual, who is related to a foreign principal that is a foreign government or a foreign political organization in one or more of the following ways:

                     (a)  if the person is a company—one or more of the following applies:

                              (i)  the foreign principal holds more than 15% of the issued share capital of the company;

                             (ii)  the foreign principal holds more than 15% of the voting power in the company;

                            (iii)  the foreign principal is in a position to appoint at least 20% of the company’s board of directors;

                            (iv)  the directors (however described) of the company are accustomed, or under an obligation (whether formal or informal), to act in accordance with the directions, instructions or wishes of the foreign principal;

                             (v)  the foreign principal is in a position to exercise, in any other way, total or substantial control over the company;

                     (b)  if the person is not a company—either of the following applies:

                              (i)  the members of the executive committee (however described) of the person are accustomed, or under an obligation (whether formal or informal), to act in accordance with the directions, instructions or wishes of the foreign principal;

                             (ii)  the foreign principal is in a position to exercise, in any other way, total or substantial control over the person;

                     (c)  if the person is a person other than a body politic and the foreign principal is a foreign political organisation:

                              (i)  a director, officer or employee of the person, or any part of the person, is required to be a member or part (however described) of that foreign political organization; and

                             (ii)  that requirement is contained in a law, or in the constitution, rules or other governing documents by which the person is constituted or according to which the person operates.

Foreign government related individual  is an individual:

                     (a)  who is neither an Australian citizen nor a permanent Australian resident; and

                     (b)  who is related to a foreign principal that is a foreign government, foreign government related entity or foreign political organization in either or both of the following ways:

                              (i)  the individual is accustomed, or under an obligation (whether formal or informal), to act in accordance with the directions, instructions or wishes of the foreign principal;

                             (ii)  the foreign principal is in a position to exercise, in any other way, total or substantial control over the individual.

Foreign political organization: A foreign political organization includes:

                     (a)  a foreign political party; and

                     (b)  a foreign organization that exists primarily to pursue political objectives.

Foreign principal means:

                     (a)  a foreign government;

                     (b)  a foreign government related entity;

                     (c)  a foreign political organisation;

                     (d)  a foreign government related individual.

Undertaking activity on behalf of a foreign principal

             (1)  A person undertakes an activity on behalf of a foreign principal if:

                     (a)  the person undertakes the activity in any of the following circumstances:

                              (i)  under an arrangement with the foreign principal;

                             (ii)  in the service of the foreign principal;

                            (iii)  on the order or at the request of the foreign principal;

                            (iv)  under the direction of the foreign principal; and

                     (b)  at the time the arrangement or service is entered into, or the order, request or direction made, both the person and the foreign principal knew or expected that:

                              (i)  the person would or might undertake the activity; and

                             (ii)  the person would or might do so (whether or not the parties expressly considered the existence of the scheme).

             (2) It does not matter whether consideration is payable.

             (3)  An activity undertaken by a company registered under the Corporations Act 2001 is not undertaken on behalf of a foreign principal merely because the company is a subsidiary (within the meaning of the Corporations Act 2001) of a foreign principal.

Activity for the purpose of political or governmental influence

             (1)  A person undertakes an activity for the purpose of political or governmental influence if the sole or primary purpose, or a substantial purpose, of the activity is to influence one or more of the following:

                     (a)  a process in relation to a federal election or a designated vote;

                     (b)  a process in relation to a federal government decision;

                     (c)  proceedings of a House of the Parliament;

                     (d)  a process in relation to a registered political party;

                     (e)  a process in relation to a member of the Parliament who is not a member of a registered political party;

                      (f)  a process in relation to a candidate in a federal election who is not endorsed by a registered political party.

             (2)  A person also undertakes an activity for the purposes of political or governmental influence if the sole or primary purpose, or a substantial purpose, of the activity is to influence the public, or a section of the public, in relation to a process or proceedings e.g. federal government decisions

             (3) Decisions made by any of the following are examples of federal government decisions:

                     (a)  the Executive Council;

                     (b)  the Cabinet or a committee of the Cabinet;

                     (c)  a Minister or Ministers;

                     (d)  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);

                     (e)  a Commonwealth company (within the meaning of the Public Governance, Performance and Accountability Act 2013);

                      (f)  an individual in the course of performing his or her functions in relation to a person or body mentioned in an above paragraph.

             (4)  A reference to a decision includes a decision of any kind in relation to any matter, including administrative, legislative and policy matters:

                     (a)  whether or not the decision is final; and

                     (b)  whether or not the decision is a formal decision.

Examples of processes in relation to a registered political party

             (5)  The following are examples of processes in relation to a registered political party:

                     (a)  processes relating to the party’s:

                              (i)  constitution; or

                             (ii)  platform; or

                            (iii)  policy on any matter of public concern; or

                            (iv)  administrative or financial affairs; or

                             (v)  membership; or

                            (vi)  relationships with foreign principals;

                     (b)  the conduct of the party’s campaign in relation to a federal election or a designated vote;

                     (c)  the selection or endorsement of the party’s candidates in relation to a federal election;

                     (d)  the allocation of the party’s preferences in relation to a federal election;

                     (e)  the selection (however done) of officers of the party’s executive or delegates to party conferences;

                      (f)  the election of a person to be the leader of the party in the Parliament of the Commonwealth;

                     (g)  the selection (however done) of persons to be:

                              (i)  Ministers; or

                             (ii)  shadow Ministers or party spokespersons (however described) in relation to the Commonwealth.

Examples of processes in relation to independent members of Parliament and candidates

             (6)  The following are examples of processes in relation to a person mentioned:

                     (a)  processes relating to the person’s:

                              (i)  platform; or

                             (ii)  policy on any matter of public concern; or

                            (iii)  administrative or financial affairs in his or her capacity as a member of the Parliament or candidate in a federal election; or

                            (iv)  relationships with foreign principals;

                     (b)  the conduct of the person’s campaign in relation to a federal election or designated vote;

                     (c)  the allocation of the person’s preferences in relation to a federal election.