FOREIGN INFLUENCE TRANSPARENCY SCHEME ACT 2018 - SECT 29 Exemption: foreign government employees and commercial or business pursuits

FOREIGN INFLUENCE TRANSPARENCY SCHEME ACT 2018 - SECT 29

Individual employed by foreign government

             (1)  An individual is exempt in relation to an activity the individual undertakes on behalf of a foreign principal if:

                     (a)  the foreign principal is a foreign government; and

                     (b)  the individual undertakes the activity:

                              (i)  in the individual's capacity as an officer or employee of the foreign principal; and

                             (ii)  in the name of the foreign principal.

Individual employed by foreign government related entity

             (2)  An individual is exempt in relation to an activity the individual undertakes on behalf of a foreign principal if:

                     (a)  the foreign principal is a foreign government related entity; and

                     (b)  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

                     (c)  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

             (3)  A person is exempt in relation to an activity the person undertakes on behalf of a foreign principal if:

                     (a)  the foreign principal is a foreign government related entity; and

                     (b)  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

             (4)  This section does not apply in relation to an activity undertaken by a former Cabinet Minister or a recent designated position holder.