The Attorney-General’s department has confirmed the “current” wording of draft laws to counter foreign interference would capture those lobbying the government on behalf of their own relatives living overseas.
The laws, which are still being reviewed by a parliamentary intelligence committee, are designed to counter foreign interference in Australian affairs by forcing lobbyists who act on behalf of an overseas government, company or individual to register their activity.
Labor senator Jenny McAllister wrote to the Attorney-General’s department with a list of hypothetical scenarios to test the scope of the law:
“The foreign grandmother of an Australian permanent resident asks him to write a letter to the relevant minister in respect of his foreign cousin’s pending application for a student visa. Is the Australian permanent resident required to register?” the senator asked.
The department replied in a letter to the committee:
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“As the bill is currently drafted, the Australian permanent resident would be required to register under the scheme," their response read.
The department went on to say it “may be desirable for an exemption for individual representations to be included in the bill”.
Attorney-General Christian Porter said he was open to further amendments. The Parliamentary Joint Committee on Intelligence and Security is due to hand down its recommendations in April.
Universities Australia has also raised concerns that the law could make it more difficult for universities to advocate on behalf of international students and temporary workers from overseas. They wrote a submission calling for exemptions.
The department said the issue had been “noted” and suggested further edits could be appropriate.
“The intention of the scheme is not to capture representations made in relation to an individual. It may be desirable for an exemption for individual representations to be included in the Bill,” the department wrote.
But it warned exemptions would need to be “carefully crafted” to avoid creating a loophole.
