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FOREIGN INFLUENCE TRANSPARENCY SCHEME ACT 2018 - SECT 57A

Giving notice of end of liability to register while still liable to register

Notice given knowing arrangement still exists, and registrable activity undertaken

  (1)   A person commits an offence if:

  (a)   the person gives the Secretary a notice under section   31 (notice of end of liability to register) for the person's registration under the scheme in relation to a foreign principal; and

  (b)   at the time the person does so a registrable arrangement exists between the person and the foreign principal; and

  (c)   the person knows that the registrable arrangement will still be in existence on the day specified in the notice under subsection   31(3) as the day the person's registration in relation to the foreign principal is to cease; and

  (d)   the person undertakes an activity on behalf of the foreign principal after that day; and

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

Penalty:   Imprisonment for 5 years.

Notice given reckless as to whether arrangement still exists, and registrable activity undertaken

  (2)   A person commits an offence if:

  (a)   the person gives the Secretary a notice under section   31 (notice of end of liability to register) for the person's registration under the scheme in relation to a foreign principal; and

  (b)   at the time the person does so a registrable arrangement exists between the person and the foreign principal; and

  (c)   the registrable arrangement will still be in existence on the day specified in the notice under subsection   31(3) as the day the person's registration in relation to the foreign principal is to cease; and

  (d)   the person undertakes an activity on behalf of the foreign principal after that day; and

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

Penalty:   Imprisonment for 3 years.

Notice given knowing arrangement still exists, whether or not registrable activity undertaken

  (3)   A person commits an offence if:

  (a)   the person gives the Secretary a notice under section   31 (notice of end of liability to register) for the person's registration under the scheme in relation to the foreign principal; and

  (b)   at the time the person does so a registrable arrangement exists between the person and the foreign principal; and

  (c)   the person knows that the registrable arrangement will still be in existence on the day specified in the notice under subsection   31(3) as the day the person's registration in relation to the foreign principal is to cease.

Penalty:   Imprisonment for 12 months.

Notice given reckless as to whether arrangement still exists, whether or not registrable activity undertaken

  (4)   A person commits an offence if:

  (a)   the person gives the Secretary a notice under section   31 (notice of end of liability to register) for the person's registration under the scheme in relation to the foreign principal; and

  (b)   at the time the person does so a registrable arrangement exists between the person and the foreign principal; and

  (c)   the registrable arrangement will still be in existence on the day specified in the notice under subsection   31(3) as the day the person's registration in relation to the foreign principal is to cease.

Penalty:   Imprisonment for 6 months.



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