Foreign Influence Transparency Scheme Act 2018

This section applies if:

the Secretary reasonably suspects that a person might be liable to register under the scheme in relation to a foreign principal; and

the person is not registered under the scheme in relation to that foreign principal.

The Secretary may, by written notice given to the person, require the person:

to give to the Secretary, within the period and in the manner and form specified in the notice, any information that may satisfy the Secretary as to whether the person is liable to register in relation to the foreign principal; or

to produce to the Secretary, within the period and in the manner and form specified in the notice, any documents that may satisfy the Secretary as to whether the person is liable to register in relation to the foreign principal; or

to make copies of any such documents and to produce to the Secretary, within the period and in the manner specified in the notice, those copies.

It is an offence not to comply with the notice (see section 59). However, the notice does not override certain privileges and immunities (see section 9A).

The period specified in the notice must be a period of at least 14 days after the notice is given.

The Secretary may, on request by the person, extend the period by written notice given to the person.

Before giving a person a notice under subsection (2), the Secretary must have regard to the costs, in complying with any requirement in the notice, that would be likely to be incurred by the person.

Subsection (5) does not limit the matters to which regard may be had.

The notice must set out:

the relationship of this Act to the privileges and immunities mentioned in section 9A; and

the effect of section 60 of this Act and sections 137.1 and 137.2 of the Criminal Code (false or misleading information or documents).

Nothing in this section authorises the Secretary to give a person a notice for the purpose of obtaining information or documents in relation to the possibility of the person having committed an offence against Part 5.1 (treason and related offences), Part 5.2 (espionage and related offences) or Part 5.6 (secrecy of information) of the Criminal Code.