Exemption: foreign government employees and commercial or business pursuits
29 Exemption: foreign government employees and commercial or business pursuits
Individual employed by foreign government
An individual is exempt in relation to an activity the individual undertakes on behalf of a foreign principal if:
the foreign principal is a foreign government; and
the individual undertakes the activity:
in the individual’s capacity as an officer or employee of the foreign principal; and
in the name of the foreign principal.
Individual employed by foreign government related entity
An individual is exempt in relation to an activity the individual undertakes on behalf of a foreign principal if:
the foreign principal is a foreign government related entity; and
the activity is a commercial or business pursuit undertaken by the individual in the individual’s capacity as a director, officer or employee of the foreign principal; and
it is apparent in the circumstances that the individual is undertaking the activity in that capacity.
Person operating under name of foreign government related entity
A person is exempt in relation to an activity the person undertakes on behalf of a foreign principal if:
the foreign principal is a foreign government related entity; and
the activity is a commercial or business pursuit undertaken by the person in or under the name of the foreign principal or under a substantially similar name.
Exemption not applicable to former Cabinet Ministers or recent designated position holders
This section does not apply in relation to an activity undertaken by a former Cabinet Minister or a recent designated position holder.
This Act’s bill:Explanatory memorandumSecond reading speech
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