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Thursday, 28 June 2018
Page: 4291

Senator SESELJA (Australian Capital TerritoryAssistant Minister for Science, Jobs and Innovation) (11:38): I think there might be a slight misunderstanding, if I heard your question correctly, in terms of 'What is a foreign principal?' You talked about 'two foreign nationals', I think, who were directors. I won't read the whole definition again, but I think you might be talking about proposed section 90.2(e). If that's the case, I think you've misunderstood that paragraph. That paragraph says:

(e) an entity or organisation owned, directed or controlled by 2 or more foreign principals …

And 'foreign principal' is then defined separately in the proposed legislation. I think it's pretty clear, based on the scenario you're talking about, that it wouldn't fit within that definition. But if you were talking about an entity that did fit within one of those definitions then the discussion we've had in terms of all of the elements of the offence would then potentially have to be applied if this piece of legislation were to be engaged.