Commonwealth Consolidated Acts

FOREIGN INFLUENCE TRANSPARENCY SCHEME ACT 2018 - SECT 57

Intentional omission to apply or renew knowing required to do so, and registrable activity undertaken

  (1)   A person commits an offence if:

  (a)   the person knows that the person is required:

  (i)   to apply for registration under the scheme in relation to a foreign principal by the end of a period; or

  (ii)   to renew the person's registration under the scheme in relation to a foreign principal by the end of a period; and

  (b)   the person intentionally omits to do so; and

  (c)   the person undertakes an activity on behalf of the foreign principal after the end of the period; and

  (d)   the activity is registrable in relation to the foreign principal.

Penalty:   Imprisonment for 5 years.

Intentional omission to apply or renew reckless as to whether required to do so, and registrable activity undertaken

  (2)   A person commits an offence if:

  (a)   the person is required:

  (i)   to apply for registration under the scheme in relation to a foreign principal by the end of a period; or

  (ii)   to renew the person's registration under the scheme in relation to a foreign principal by the end of a period; and

  (b)   the person intentionally omits to do so; and

  (c)   the person undertakes an activity on behalf of the foreign principal after the end of the period; and

  (d)   the activity is registrable in relation to the foreign principal.

Penalty:   Imprisonment for 3 years.

Reckless omission to apply or renew knowing required to do so, and registrable activity undertaken

  (3)   A person commits an offence if:

  (a)   the person knows that the person is required:

  (i)   to apply for registration under the scheme in relation to a foreign principal by the end of a period; or

  (ii)   to renew the person's registration under the scheme in relation to a foreign principal by the end of a period; and

  (c)   the person undertakes an activity on behalf of the foreign principal after the end of the period; and

  (d)   the following circumstances exist at the time the person undertakes the activity:

  (i)   the person is not registered under the scheme in relation to the foreign principal;

  (ii)   the activity is registrable in relation to the foreign principal.

Penalty:   Imprisonment for 3 years.

Reckless omission to apply or renew reckless as to whether required to do so, and registrable activity undertaken

  (3A)   A person commits an offence if:

  (a)   the person is required:

  (i)   to apply for registration under the scheme in relation to a foreign principal by the end of a period; or

  (ii)   to renew the person's registration under the scheme in relation to a foreign principal by the end of a period; and

  (c)   the person undertakes an activity on behalf of the foreign principal after the end of the period; and

  (d)   the following circumstances exist at the time the person undertakes the activity:

  (i)   the person is not registered under the scheme in relation to the foreign principal;

  (ii)   the activity is registrable in relation to the foreign principal.

Penalty:   Imprisonment for 2 years.

Intentional or reckless omission to apply or renew whether or not registrable activity undertaken

  (4)   A person commits an offence if:

  (a)   the person knows that the person is required:

  (i)   to apply for registration under the scheme in relation to a foreign principal by the end of a period; or

  (ii)   to renew the person's registration under the scheme in relation to a foreign principal by the end of a period; and

  (b)   either:

  (i)   the person intentionally omits to apply for or renew the registration by the end of the period; or

  (ii)   at the end of the period, the person is not registered under the scheme in relation to the foreign principal.

Penalty:   Imprisonment for 12 months.