Rethinking Universities' Foreign Interference Obligations: Lessons from the High Court

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.