ERIC Number: EJ1389659
Record Type: Journal
Publication Date: 2022
Pages: 10
Abstractor: As Provided
ISBN: N/A
ISSN: ISSN-0818-8068
EISSN: N/A
Available Date: N/A
Rethinking Universities' Foreign Interference Obligations: Lessons from the High Court
Simpson, Matt; Tarnowskyj, Andrew
Australian Universities' Review, v64 n2 p40-49 2022
The Foreign Influence Transparency Scheme Act 2018 (FITS Act) requires persons or entities, including universities, who engage with the Australian political landscape on behalf of a foreign principal, to register under the scheme. The High Court of Australia's recent decision in LibertyWorks Inc v Commonwealth of Australia [2021] HCA 18 may cause universities to rethink their registration obligations. This article: (i) considers the elements of the legislation which trigger an obligation to register; (ii) examines the High Court's decision in LibertyWorks v Commonwealth, with particular emphasis on those parts of the judgment most likely to impact universities; and (iii) concludes by considering common activities undertaken by universities that might attract a requirement to register, and analyses the impact the FITS Act is likely to have on universities seeking to comply with the legislative regime.
Descriptors: Foreign Countries, Universities, Legal Responsibility, Court Litigation, Compliance (Legal), International Relations, Federal Legislation, Government School Relationship
National Tertiary Education Union. PO Box 1323, South Melbourne 3205, Australia. Tel: +61-3-92541910; Fax: +61-3-92541915; e-mail: editor@aur.org.au; Web site: https://www.nteu.au/
Publication Type: Journal Articles; Reports - Descriptive
Education Level: Higher Education; Postsecondary Education
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Location: Australia
Grant or Contract Numbers: N/A
Author Affiliations: N/A