Revised Explanatory Memorandum
(Circulated by authority of the Attorney-General, the Honourable Christian Porter MP)PART 2 - AMENDMENTS RELATING TO THE ELECTORAL LEGISLATION AMENDMENT (ELECTORAL FUNDING AND DISCLOSURE REFORM) ACT 2017
Foreign Influence Transparency Scheme Act 2017
Item 2
1822. This item amends the definition of 'electoral donations threshold' set out at section 10 of the Foreign Influence Transparency Scheme Act, to omit the reference to "$13,500" and substitute it with "the disclosure threshold within the meaning of Part XX of the Commonwealth Electoral Act 1918 (electoral funding and financial disclosure)."
1823. This amendment will ensure that thresholds regarding disbursements of money and other things of value regulated by the Foreign Influence Transparency Scheme Act and the Commonwealth Electoral Act are aligned. If the disclosure threshold under the Commonwealth Electoral Act changes, the electoral donations threshold under the Foreign Influence Transparency Scheme Act will change to match that threshold.
Item 3
1824. This item amends the definition of 'general political lobbying' set out at section 10 of the Foreign Influence Transparency Scheme Act 2017. The item inserts new paragraph (e), which reads 'a person or entity that is registered under the Commonwealth Electoral Act 1918 as a political campaigner'. The effect of this insertion is that the definition of 'general political lobbying' is expanded to cover circumstances where a person lobbies a registered political party. If a person lobbies a registered political campaigner this may make the person liable to register under the Foreign Influence Transparency Scheme. Whether a person is liable will depend on whether the general political lobbying is undertaken on behalf of a foreign principal, the purpose for which the lobbying is undertaken, and whether or not an exemption applies.
1825. Under the Commonwealth Electoral Act, a person or entity must register as a political campaigner if their political expenditure during the current, or in any of the previous three, financial years was $100,000 or more. A person or entity must also register as a political campaigner if their political expenditure during a financial year is $50,000 or more, and that amount is at least 50 per cent of their allowable amount (as defined under the Commonwealth Electoral Act) for the year.
1826. Registered political campaigners have been included under the definition of 'general political lobbying' because lobbying such persons or entities is an inherently political activity. For example:
1827. Group X is a registered political campaigner under the Commonwealth Electoral Act. Group X has a membership of 1 million Australians, and has a significant funding base. Group X conducts campaigns which are specifically designed to influence public opinion on federal government policies. In the past, a number of Group X's campaigns have had a direct effect on political parties changing their policy platforms.
1828. Given the position of influence held by registered political campaigners within the Australian political system, it is important that the Foreign Influence Transparency Act extend to foreign influence over such persons and entities.
Item 4
1829. This item amends subsection 12(1) of the Foreign Influence Transparency Scheme Act 2017 to expand the circumstances in which an activity is done for the purpose of 'political or governmental influence.' Whether an activity is done for the purpose of 'political or governmental influence' is relevant to a number of provisions of that Act, including whether a person will be liable to register under the scheme.
1830. The item inserts new paragraph (g) which reads "processes in relation to a person or entity registered under the Commonwealth Electoral Act as a political campaigner." The effect of this insertion is that if a person undertakes an activity for the purpose of influencing a process in relation to a registered political campaigner, that activity will be taken to have been done for a purpose of 'political or governmental influence,' and may attract a requirement to register under the scheme.
Item 5
1831. This item amends section 12 of the Foreign Influence Transparency Scheme Act to provide a number of examples of processes in relation to a registered political campaigner for the purposes of paragraph 12(1)(g). The examples, to be included in subsection 12(7) are:
- •
- processes in relation to the campaigner's:
- o
- constitution
- o
- platform
- o
- policy on any matter of public concern
- o
- administrative or financial affairs (in his or her capacity as a campaigner, if the campaigner is an individual)
- o
- membership, or
- o
- relationship with foreign principals;
- •
- the conduct of the campaigner's campaign
- •
- the selection (however done) of officers of the campaigner's executive or delegates to its conferences,
- •
- the selection (however done) of the campaigner's leader and any spokespersons for the campaigner.
1832. The above examples are not an exhaustive list of processes in relation to a registered political campaigner. The examples are not intended to limit the scope or application of this section in any way, but have been included to assist readers with the interpretation of the provisions in the Foreign Influence Transparency Scheme Act.
An example of an activity for the purpose of influencing a process of a registered political campaigner is lobbying the registered political party campaigner to publicly change their policy on Australia's migration policies.