The High Court of Australia yesterday rejected a challenge to foreign interference laws in a case that involved a US conservative political organization and free-speech arguments.
China has condemned the laws introduced in 2018 that are widely seen as a means of preventing covert Chinese interference in Australian politics, universities and other institutions.
People working on behalf of a foreign power have to be publicly registered with the Australian Attorney-General’s Department in the interests of transparency.
Yet LibertyWorks Inc, an Australian libertarian think tank, objected to having to register while working on communications for the American Conservative Union ahead of conferences held in Australia. LibertyWorks promotes the US group’s annual political conferences.
LibertyWorks said that the Foreign Influence Transparency Scheme Act was not valid because it burdened the implied right to free speech in Australia.
LibertyWorks said the registration process was “onerous” and therefore deterred political communication, but six of the seven High Court judges found that the law was valid and any burden was justified.
“Even when the purpose of the foreign interference is not to damage or destabilize Australia, if left undisclosed it can impede the ability of decisionmakers in Australia,” Chief Justice Susan Kiefel, and justices Patrick Keane and Jacqueline Gleeson wrote.
Australian Attorney-General Michaelia Cash welcomed the ruling.
“Foreign influence activities, when conducted in an open and transparent manner, can contribute positively to public debate and are welcome in Australia,” her office said in a statement.
“The scheme is not there to prohibit people or entities from undertaking these activities. Rather, it acknowledges that it is in the public interest that these arrangements are transparent,” the statement added.
LibertyWorks president Andrew Cooper could not immediately be reached for comment.
The case was the first challenge to Australia’s Foreign Influence Transparency Scheme.
John Zhang (張智森), a Chinese-born political adviser to a state government lawmaker, last month lost his High Court challenge to charges under the foreign interference laws and remains under investigation.
The leader of a Chinese community organization in November last year became the first person to be charged under Australia’s foreign interference laws.
Duong Di Sanh (楊怡生), 65, who lives in Melbourne, has a relationship with a foreign intelligence agency, police said.
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