Factsheet 9 – Registrant obligations during voting periods

Foreign Influence Transparency Scheme

Foreign Influence
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Obligations during voting periods

People and entities who need to register under the Foreign Influence Transparency Scheme have specific obligations during voting periods (including election periods). Voting periods involve heightened political activity and it is important that there is transparency of activities intended to influence political or government processes so voters can make informed decisions about their vote.

The particular obligations that apply during voting periods include:

  • Reviewing registration information and confirming it is correct or updating the information.
  • Reporting any registrable activities undertaken on behalf of a foreign principal during the voting period within seven days if the activity relates to the relevant vote or election, or involves a disbursement activity that reaches the 'electoral donations threshold' or a multiple of the threshold (see below for details).

During a voting period the Attorney-General's Department is required to publish the above corrections, updates and reports within 48 hours of receipt.

Voting periods

For the purposes of the Foreign Influence Transparency Scheme Act 2018 (the Act), the voting period for a federal election or referendum is the period from the day the writs are issued to the end of the final polling or voting day. The voting period for a vote, survey or other process prescribed by the Foreign Influence Transparency Scheme Rules 2018, is the period prescribed by the rules for the particular vote, survey or other process.

Note: The obligations described in this factsheet do not apply to by-elections.

Reviewing information

Under section 36 of the Act, when a voting period begins, each person registered under the scheme must, within 14 days:

  • review the information they have provided in relation to their registration
  • provide a notice (through the online registration portal) to:
    • confirm that their registration is up to date, or
    • if the information is notup to date, update the information.

This obligation does not apply if the person registered under the scheme or renewed a registration less than 14 days before the voting period began.

Registrants can confirm and update their details after the voting period begins by logging into their user account. 

Reporting on activities during voting periods

Under sections 35 and 37 of the Act, the reporting timeframes for registrable activities that are undertaken during a voting period are significantly reduced. This is necessary to ensure that transparency about registrable activities undertaken on behalf of foreign principals in a voting period is provided to the public in a timely manner. Members of the public will be able to take this information into account when assessing policy statements made by political parties and candidates.

The applicable reporting timeframes depend on whether a person is already registered under the scheme in relation to a foreign principal when they undertake the registrable activity on that foreign principal's behalf (see below for details).

Factsheet 5 provides information on the activities that are registrable under the scheme.

Existing registrants

During voting periods, a person who is already registered under the scheme in relation to a foreign principal must:

  • Report any registrable activities undertaken on behalf of that foreign principal that relate to the relevant vote or election. This must be done within seven days of the activity being undertaken. Where activities are undertaken over several days, reporting must be completed within seven days of the activity commencing.
  • Report disbursement activities undertaken on behalf of the foreign principal within seven days of the value of disbursements reaching the electoral donations threshold or a multiple of the threshold. Between 1 July 2021 and 30 June 2022, the electoral donations threshold will be $14,500 (based on the value set under the Commonwealth Electoral Act 1918, which is indexed each financial year). Registrants must report every time the threshold, or a multiple of the threshold, is met.

New registrants

During voting periods, a person who is not already registered under the scheme in relation to a foreign principal must provide the above reports when they register under the scheme in relation to relevant activities undertaken on behalf of the foreign principal. Such persons must register under the scheme within 14 days of that activity being undertaken, and report these activities on the day they apply for registration.

Failure to comply

Registrants must meet all reporting obligations under the Act. It is an offence to fail to comply with obligations. Refer to Factsheet 17 for information on penalties for non‑compliance.

Related links

Foreign Influence Transparency Scheme resources