Commonwealth Numbered Acts

FOREIGN INFLUENCE TRANSPARENCY SCHEME ACT 2018 (NO. 63, 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

                     (b)  the person is reckless as to whether the person has omitted 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 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

                     (b)  the person is reckless as to whether the person has omitted 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 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)  the person intentionally omits, or is reckless as to whether the person has omitted, to do so.

Penalty:  Imprisonment for 12 months.