Part 4: Foreign Activities and Foreign Influence Registration Scheme Section 71: Offence of carrying out etc political influence activities pursuant to unregistered foreign influence arrangement
Section 71 provides offences for those who carry out, or arrange for others to carry out, activities pursuant to unregistered foreign influence arrangements. These complement the offence imposed by section 69(5), which relates to failure to comply with registration requirements.
	Subsection (1) sets out the circumstances in which the section applies: where a person ("P") makes a foreign influence arrangement that is required to be registered under section 69(3).
	Subsections (2) and (3) provide that an offence is committed if a person carries out an activity, or arranges for others to carry out an activity, pursuant to an unregistered foreign influence arrangement, after the registration period (see subsection (4) for the meaning of registration period) has ended.
	The offence is committed if the person knows, or having regard to other matters known to them ought reasonably to know, that they are acting pursuant to a "foreign influence arrangement". This knowledge test ensures that where a person is not aware, or could not reasonably have known, that their arrangement is with a foreign power they are not guilty of an offence. Subsection (2) applies in relation to "P" (i.e. the person who has made the foreign influence arrangement) and subsection (3) applies in relation to any other person (for example, a person whom P has tasked to arrange for other persons to carry out political influence activities).
	Subsection (4) sets the meaning of "registration period" by referring to sections 69(3) and (4). As set out above, in circumstances where a new arrangement is made after the requirements have come into force, this registration period is 28 days, beginning on the day on which the arrangement is made. In circumstances where an arrangement was made prior to the requirements coming into force and continues to have effect, the registration period is 3 months, beginning on the day on which the requirements come into force.
	Subsection (5) provides a potential defence to the offence under subsection (3). This defence is available to a person who has taken all steps reasonably practicable to determine whether the activities in question are or are not registered, and having taken such steps, reasonably believes that they are registered.
	The defence is not available in respect of the subsection (2) offence, because P will know whether or not they have registered the arrangement.
	Subsection (6) sets out that a person is considered to have shown a matter mentioned in subsection (5) if there is sufficient evidence to raise an issue with respect of it, and the contrary is not proved beyond reasonable doubt. It will be for a defendant to provide evidence that the defence applies, following which it will be for the prosecution to prove beyond reasonable doubt that the person did not take all reasonably practicable steps, or that they did not hold a reasonable belief that the arrangement was registered.
Example (1): How the offence would apply in relation to example 1 under section 70
If the consultant were to make communications to the senior civil servants after the 28-day registration period without first registering the arrangement, they would be committing an offence.
During the 28-day registration window, these communications may take place without prior registration (the political Influence tier differs from the enhanced tier in this respect). However, the consultant will still have to register the arrangement with the foreign power (the diplomat) within 28 days, and may be required to provide details about the communications that took place prior to registration (see section 74(3)).
Example (2): How the offence would apply in relation to example 2 under section 70
If the lobby firm were to publish the articles (or carry out other registrable activity) after the 28-day registration window without complying with registration requirements, they would be committing an offence.
During the 28-day registration window, these articles may be published without prior registration. However, the lobby firm will still have to register the arrangement with the foreign government department within 28 days, and may be required to provide details about the political influence activities that took place prior to registration.
Example (3): How the offence would apply in relation to example 3 under section 70
If the entrepreneur were to invest the money into the construction of the cultural centre without registering within 28 days of the arrangement being made, they would commit an offence.
The investment and construction project may commence during the 28-day registration period without requiring prior registration. However, the entrepreneur would still have to register their arrangement with the Foreign Affairs Office within 28 days, and may be required to provide details of any parts of the project which had been completed during the registration window.