Attorney-General's Department

Documents Regarding Chinese Influence Within Australian-Based Law Firms.

FOI25/367 Released 15 pages PDF

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This policy briefing discusses Australian law firms' registration obligations under the Foreign Influence Transparency Scheme (FITS) Act 2018, particularly regarding firms acting for Chinese state-owned enterprises. The document addresses whether legal representation activities fall within section 25's exemption for advice and representation incidental to legal matters, or constitute registrable "political lobbying." Following an October 2023 Internet 2.0 report raising national security concerns about Australian law firms advising Chinese SOEs on critical infrastructure acquisitions and FIRB representations while simultaneously representing Australian Government entities, the Department indicates the exemption applies narrowly and activities exceeding strict legal representation may require registration. The briefing notes the Internet 2.0 report recommends repealing section 25 and creating a new registrable category for legal advice/representation. It references the ongoing Parliamentary Joint Committee on Intelligence and Security review of the FITS Act as an opportunity to reconsider the exemption's adequacy. Minimal redactions are evident in the excerpt provided.

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