AUSTRALIA COURT REJECTS FOREIGN INTERFERENCE LAW CHALLENGE

Canberra, June Australia’s highest court on Wednesday rejected a challenge to foreign interference laws in a case that involved a US conservative political organisation 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 powers have to be publicly registered with the AttorneyGeneral’s Department in the interests of transparency. But 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 American group’s annual political conferences.

LibertyWorks argued the so-called 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 the law was valid and any burden was justified.

Even when the purpose of the foreign interference is not to damage or destabilise Australia, if left undisclosed it can impede the ability of decision-makers in Australia, Justices Susan Kiefel, Patrick Keane and Jacqueline Gleeson wrote. 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 be immediately contacted for comment.