Foreign Influence Transparency Scheme registration and disclosure obligations
The Foreign Influence Transparency Scheme (FITS) requires persons who undertake registrable activities on behalf of a foreign principal to register and disclose. This guide sets out 10 obligations — registration triggers, activity categories, communications activity markings, and exemptions — under the Foreign Influence Transparency Scheme Act 2018 (Cth). FITS operates alongside (and separately from) the Espionage and Foreign Interference offences in the Criminal Code.
Coverage
Any person (individual or entity) undertaking registrable activities on behalf of a foreign principal — including foreign governments, foreign political organisations, foreign government-related entities, and foreign public enterprises. Former Cabinet ministers are captured for life. Former senior public officials have a 15-year lookback.
Legal basis
Foreign Influence Transparency Scheme Act 2018 (Cth); Foreign Influence Transparency Scheme Rules 2018. Administered by the Attorney-General's Department. Interacts with Criminal Code Act 1995 (Cth) Part 5.2 (espionage and foreign interference) and the Electoral Act political donations regime.
The obligations
Identify the foreign principal
A foreign principal is a foreign government, foreign political organisation, foreign government-related entity, or foreign government-related individual. Identification is the threshold step — private foreign companies are generally not foreign principals.
Determine whether the activity is registrable
Registrable activities include parliamentary lobbying, general political lobbying (by former Cabinet ministers, former senior public officials, or in relation to elections), communications activity, and disbursement activity.
Register within 14 days of undertaking a registrable activity
If a registrable activity is undertaken on behalf of a foreign principal, register with the Secretary of the Attorney-General's Department within 14 days. Registration is via the FITS online portal.
Consider lifetime and lookback obligations for former officials
Former Cabinet ministers must register if they undertake general political lobbying at any time after leaving office. Former senior public officials have a 15-year lookback on activity linked to their prior role.
Keep the registration updated for material changes
Notify the Secretary of any material change in circumstances within 14 days — changes to the foreign principal, the nature of activities, or the registrant's contact details.
Disclose each instance of communications activity
Communications activity registrants must notify the Secretary at least 14 days before a voting period begins and must provide information about communications disseminated during a voting period.
Mark communications activity with a disclosure notice
Communications activity disseminated during a voting period or in connection with a parliamentary or election matter must be accompanied by a visible disclosure notice identifying the foreign principal.
Renew registration annually
Registration must be renewed each year by providing confirmation and updated information to the Secretary. Failure to renew does not end the underlying registration obligation.
Respond to Secretary transparency notices
The Secretary can issue transparency notices asking for information about a person's activities on behalf of a foreign principal. Responses are mandatory and the Secretary can publish determinations.
Keep records for at least three years
Keep records of registrable activities, communications activity, and information provided to the Secretary for at least three years. Records must be produced on request.
What happens if you do not comply
Failure to register, failure to keep registration current, and providing false information can attract up to 5 years imprisonment. Communications activity offences carry penalties of up to 6 months imprisonment. Persistent non-compliance can attract injunctions. The FITS offences are separate from (and in addition to) foreign interference offences in the Criminal Code.
Reporting requirements
Initial registration within 14 days. Notification of material changes within 14 days. Annual renewal confirmation. Voting-period notifications at least 14 days before the voting period begins. Responses to transparency notices within the period specified (usually 14 days).
What firms should do today
- Screen each foreign principal relationship for registrable activity before it commences
- Pre-clear former Cabinet ministers and senior public officials undertaking any lobbying role
- Build a voting-period calendar and disclosure-notice template library
- Maintain a FITS register distinct from the lobbyist register — they are separate regimes
- Retain engagement letters, activity logs, and communications artefacts for three years
- Seek an exemption assessment from the Secretary if an exemption is arguable — do not rely on self-assessment alone
Compliance with Quillio
Quillio drafts FITS registrations, material-change notifications, voting-period notifications, disclosure notices for communications activity, and exemption analyses aligned to current FITS guidance. Australian-hosted infrastructure keeps registrant information in jurisdiction. See /practice-areas/commercial-lawyers or start a free trial.
This guide is general information about the Foreign Influence Transparency Scheme — not legal advice. Registration triggers, exemptions, and lookback obligations are fact-specific and carry criminal liability. Obtain specialist advice before concluding that an activity is non-registrable.
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