Senate debates

Wednesday, 5 December 2018

Bills

Foreign Influence Transparency Scheme Legislation Amendment Bill 2018; Second Reading

11:26 am

Photo of Marise PayneMarise Payne (NSW, Liberal Party, Minister for Foreign Affairs) Share this | Hansard source

I move:

That this bill be now read a second time.

I seek leave to have the second reading speech incorporated in Hansard.

Leave granted.

The speech read as follows—

The Foreign Influence Transparency Scheme Legislation Amendment Bill 2018 will amend the Foreign Influence Transparency Scheme Act 2018 ('the FITS Act') and the National Security Legislation Amendment (Espionage and Foreign Interference) Act 2018 ('the NSLA Act').

This Bill is intended to ensure that the registration scheme set up under the Foreign Influence Transparency Scheme Act2018 will be fully robust and operational in time for the coming federal election.

The FITS Act

When the FITS Act commences, it will establish a registration scheme for persons undertaking certain activities on behalf of foreign governments, foreign government related entities, foreign political organisations and foreign government related individuals.

The Secretary of the department administering the scheme will be required to publish, on a website, certain information about such persons.

The NSLA Act

Under the NSLA Act, persons with existing arrangements that will make them liable to register under the FITS Act once it commences are granted a 6 month grace period within which to register.

Ordinarily, the FITS Act would require persons who are liable to register to do this within 14 days of this liability arising.

The Foreign Influence Transparency Scheme Legislation Amendment Bill 2018

This Bill will effect two key changes.

First, the Bill will require historical information to continue to be published about persons registered under the FITS Act after they cease to be registered. This will ensure that people can access information about both past and present instances of foreign influence registered under the FITS Act scheme.

Second, the Bill will amend the 6 month grace period currently granted under the NSLA Act.

The 6 month grace period currently granted under the NSLA Act effectively excuses certain people who will be liable to register once the FITS Act commences from having to do so before the upcoming federal election if it takes place in the first half of 2019.

The grace period granted under the NSLA Act will be shortened to a 3 month period which will be further subject to the issuing of election writs. If election writs for either House of Parliament are issued before the end of this 3 month period, persons who would otherwise have been entitled to the grace period will have to register within 14 days of the issuing of the writs.

This will ensure, consistently with the FITS Act's original intention, that the FITS Act scheme is fully operational in time for the next election.

Conclusion

The provisions in this Bill will better give effect to the FITS Act's underlying purpose, which is to ensure transparency with respect to foreign influence in Australia's governmental and political processes.

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