Document ID: chunk:federal_register_of_legislation:F2023C00654:reg:5
Version: federal_register_of_legislation:F2023C00654
Segment Type: reg
Provision Reference: reg 5
Character Range: 2997–4700

5  Exemptions: prescribed circumstances
 (1) For the purposes of section 30 of the Act, a person is exempt in relation to an activity the person undertakes on behalf of a foreign principal if:
 (a) the person:
 (i) is employed under the Members of Parliament (Staff) Act 1984; or
 (ii) is a consultant engaged under that Act; or
 (iii) is a Commonwealth public official; and
 (b) undertaking the activity is within the scope of the functions that the person undertakes in the person's capacity as such a person; and
 (c) at the time the activity is undertaken, the identity of the foreign principal is either apparent to all persons with whom the person is dealing or disclosed to them.
 (2) For the purposes of section 30 of the Act, a person is exempt in relation to an activity the person undertakes on behalf of a foreign principal if:
 (a) the activity is covered by item 2 of the table in subsection 21(1) of the Act (about general political lobbying in Australia for the purpose of political or governmental influence); and
 (b) the foreign principal or the person is taking part in a process relating to a federal government decision within the meaning of paragraph 12(1)(b) of the Act in order to comply with a law of the Commonwealth; and
 (c) the process involves the foreign principal or the person providing information in accordance with that law to the maker of the decision or another person assisting the maker of the decision, for the purposes of making the decision; and
 (d) at the time the activity is undertaken, the identity of the foreign principal is either apparent to all persons with whom the person is dealing or disclosed to them.

Part 3—Register of scheme information