Foreign Influence Transparency Scheme Act 2018

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Foreign Influence Transparency Scheme Act 2018
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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 by Parliament of Australia
Enacted28 June 2018 [1]
Considered by Australian Senate
Assented to29 June 2018 [1]
Legislative history
First chamber: Parliament of Australia
Introduced by Malcolm Turnbull
First reading 7 December 2017 [1]
Second reading 26 June 2018 [1]
Third reading 26 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.

Contents

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 organizationsto register with the federal government, and imposes criminal penalties for failure to do so. [3]

In April 2023, a Sydney businessman, Alexander Csergo, was charged under the law for passing information about AUKUS to agents of China's Ministry of State Security. [8] 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. [9] [10] In July 2025, a third person was charged under the law for covertly collecting intelligence for China's Ministry of Public Security. [11]

Further reading

Notes

  1. 1 2 3 4 5 6 7 8 "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. 1 2 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. "Australian charged over reports to suspected Chinese spies". Associated Press . 17 April 2023. Retrieved 4 August 2025.
  9. "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.
  10. 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.
  11. "Chinese woman becomes third person charged under Australia's foreign interference laws". Associated Press . 4 August 2025. Retrieved 4 August 2025.

Sources