Supplementary Submission: Proposed amendments to the Foreign Influence Transparency Scheme Bill 2017 (FITS Bill)
The Law Council has prepared this supplementary submission in response to a request by the Committee to draft suggested amendments to certain criminal offence provisions in the FITS Bill, namely, proposed sections 57 and 57A.
The Law Council’s concerns with these proposed provisions were outlined in the Law Council’s supplementary submission to the Committee dated 15 June 2018. Under the Criminal Code Act 1995 (Cth), a person can be reckless as to a circumstance or a consequence. Omission is a physical element. Reckless act or reckless omission does not work.
The defendant omits to do something being reckless in this case, as to their obligation to register (i.e. disregarding a substantial and unjustifiable risk that (1) they are required to register, (2) the fact that they are dealing with someone who is a foreign principal and (3) that the activity is registrable).
You can read the full submission below.