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From:
Transparency
To:
Patrick George
Subject:
RE: Application of the Foreign Influence Transparency Scheme to Mr. Rudd [SEC=OFFICIAL]
Date:
Wednesday, 25 November 2020 6:21:31 PM
Attachments:
Signed letter - AGD Secretary to Patrick George (Kennedys) responding to....pdf
OFFICIAL
Dear Mr George
Thank you for your letter of 18 November 2020.
Please find attached an electronic version of
our response. This letter will also be sent to you via registered post tomorrow.
Warm regards
s 22(1)
s 22(1)
a/g Director
Transparency Frameworks Branch
Attorney-General’s Department
p: 6141 3222 e: xxxxxxxxxxxx@xx.xxx.xx
OFFICIAL
From: Patrick George [mailto:xxxxxxx.xxxxxx@xxxxxxxxxxx.xxx]
Sent: Friday, 20 November 2020 4:08 PM
To: Transparency <xxxxxxxxxxxx@xx.xxx.xx>
Cc: s 22(1)
Subject: RE: Application of the Foreign Influence Transparency Scheme to Mr. Rudd
[SEC=OFFICIAL]
CAUTION: This email originated from outside of the organisation. Do not follow guidance, click links, or
open attachments unless you recognise the sender and know the content is safe.
Dear Mr Moraitis/s 22(1)
I look forward to your early response to my letter dated 18 November 2020.
You will of course be aware of the misleading article in The Australian yesterday with the headline
“
Rudd: ‘agent of influence’”.
Regards
Patrick George
Senior Partner
for Kennedys
Kennedys
T +61 2 8215 5901
s 47F(1)
F +61 2 8215 5988
www.kennedyslaw.com
From: Patrick George <xxxxxxx.xxxxxx@xxxxxxxxxxx.xxx>
Attorney-General's Department documents released under FOI21/155
Page 3 of 41
Document 2 - Page 2 of 3
Sent: Wednesday, 18 November 2020 9:16 PM
To: 'Transparency' <xxxxxxxxxxxx@xx.xxx.xx>
Cc:s 22(1)
Subject: RE: Application of the Foreign Influence Transparency Scheme to Mr. Rudd
[SEC=OFFICIAL]
Dear s 22(1)
Please see my response attached.
Regards
Patrick George
Senior Partner
for Kennedys
Kennedys
T +61 2 8215 5901
s 47F(1)
F +61 2 8215 5988
www.kennedyslaw.com
From: Transparency <xxxxxxxxxxxx@xx.xxx.xx>
Sent: Wednesday, 18 November 2020 5:14 PM
To: Patrick George <xxxxxxx.xxxxxx@xxxxxxxxxxx.xxx>
Subject: Application of the Foreign Influence Transparency Scheme to Mr. Rudd [SEC=OFFICIAL]
OFFICIAL
Good Afternoon Mr. George,
I refer to your letter of 26 June 2020.
Please find attached an electronic version of our response.
This letter will also be sent via registered post (508131732017).
Warm regards,
s 22(1)
A/g Assistant Secretary
Foreign Influence Transparency Scheme
Transparency Frameworks Branch
Attorney-General’s Department
T: 02 6141 3222 E: xxxxxxxxxxxx@xx.xxx.xx
(phone line available between 9am-12pm & 2-5pm AEDT)
OFFICIAL
If you have received this transmission in error please
notify us immediately by return e-mail and delete all
copies. If this e-mail or any attachments have been sent
to you in error, that error does not constitute waiver
of any confidentiality, privilege or copyright in respect
of information in the e-mail or attachments.
Attorney-General's Department documents released under FOI21/155
Page 4 of 41
Document 2 - Page 3 of 3
This email has been scanned for viruses and malicious content by Kennedys email security
service provided by Mimecast. For more information on email security, visit
http://www.mimecast.com
General Data Protection Regulations - From 25 May 2018 to the extent that we are currently in a contract
with you or are intending to enter into a contract that involves processing the data of individuals in the EU,
we would ask you to note the terms of our GDPR Privacy Policy, also our Client Terms of Business to the
extent that we have not already agreed GDPR variations with you and, if you supply any products or
services to us, our Supplier Terms of Business each of which will apply to all existing and future dealings
between us as appropriate.
Please be aware of the increase in cybercrime and fraud. If you receive an email purporting to be from
someone at Kennedys which seeks to direct a payment to bank details which differ from those which we
have already given you (in our retainer letter and on our invoices) it is unlikely to be genuine. Please do not
reply to the email or act on any information contained in it but contact us immediately.
KENNEDYS (AUSTRALASIA) PTY LTD
CONFIDENTIALITY AND PRIVILEGE NOTICE
This email is intended only to be read or used by the intended addressee. It is confidential and may contain
legally privileged information. If you are not the intended recipient, any use, distribution, disclosure or
copying of this email is strictly prohibited. Confidentiality and legal privilege attached to this
communication are not waived or lost by reason of the mistaken delivery to you. If you have received this
email in error, please delete it and notify us immediately by telephone or email.
Kennedys (Australasia) Pty Ltd collects personal information to provide and market our services. Please
notify us if you do not wish for us to collect your details.
Attorney-General's Department documents released under FOI21/155
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Document 3 - Page 1 of 4
Your ref 19/2093-3 EC19-002330
Our ref PTG/AUSR13-961833 (PTG)
Kennedys (Australasia) Pty Ltd
BY EMAIL:
Level 22
s 22(1)
85 Castlereagh Street
xxxxxxxxxxxx@xx.xxx.xx
Sydney NSW 2000
PO Box A65
Sydney South NSW 1235
Australia
Mr Chris Moraitis
ABN 31 119 302 742
Secretary
t +61 2 8215 5999
Commonwealth Attorney General's Department
f +61 2 8215 5988
3-5 National Circuit
DX 239 Sydney
BARTON ACT 2600
kennedyslaw.com
Direct Dial+61 2 8215 5901
xxxxxxx.xxxxxx@xxxxxxxxxxx.xxx
18 November 2020
Dear Mr Moraitis
THE HONOURABLE KEVIN RUDD
1
Thank you for your letter received today, 18 November 2020.
2
As you know, Mr Rudd initiated the discussion with you, through my letter dated 30
September 2019, to seek to clarify his obligations under the Foreign Influence
Transparency Scheme Act 2018 (Cth) (‘
Act’).
3
We proceeded to discuss the ambit of certain activities under the Act on 2 December
2019 in Canberra with Bret Walker SC and myself. The discussion concerned the
need for clearer definition and adjustment given the purpose of the Act.
4
Following that discussion, I sought further clarification of some issues in my letter
dated 17 December 2019 in relation to the practical application of the Act in its
current form and the application of certain exemptions, including adding
exemptions by regulation.
5
On 3 February 2020, you provided a response, indicating certain matters would be
taken up with the Attorney-General. I continued the discussion with your
Department on 19 February 2020 and followed this up with my letter dated 26 June
2020 awaiting your response.
6
Since our first letter to you more than a year ago, a number of Mr. Rudd’s activities
have changed. He has added some international institutional affiliations and
concluded others. This will continue into the future.
Kennedys offices, associations and cooperations: Argentina, Australia, Belgium, Bermuda, Brazil, Canada, Chile, China, Colombia, Denmark,
Dominican Republic, England and Wales, France, Guatemala, Hong Kong, India, Ireland, Israel, Italy, Mexico, New Zealand, Northern Ireland,
Norway, Pakistan, Panama, Peru, Poland, Portugal, Puerto Rico, Russian Federation, Scotland, Singapore, Spain, Sweden, Thailand, United Arab
Emirates, United States of America.
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Mr Chris Moraitis
Commonwealth Attorney General's Department
7
Mr Rudd has asked me to set out for you his current activities, following receipt of
your letter today, which coincided with an inquiry he had from the Murdoch media
concerning the relationship between his international activities and the Act.
8
Mr Rudd holds a number of international positions around the world - a paid position
as the president of an American Not-for-Profit Think Tank, the Asia Society Policy
Institute (ASPI); from 1 January 2021 also as president and CEO of the Asia Society
as a whole, while remaining head of the Think Tank; and an unpaid position as Chair
of an American-incorporated international non-government organisation, the
International Peace Institute (IPI); and various unpaid positions as Senior Fellow,
Distinguished Fellow etc with public universities, institutes and think tanks around
the world; and as the principal of his own private consulting company which has a
small number of private clients and through which he delivers public speeches at
paid speaking events as many former prime ministers have done abroad.
9
The Asia Society Policy Institute (ASPI) is one of America’s top fifty foreign policy
think tanks focusing on security, economic and sustainability issues across Asia,
between Asia and the US, and between Asia and the West. It is funded by a Board
of Trustees, individual corporate contributions from America and some international
firms, with project funding from time to time from the US government but
principally US philanthropic foundations. As a matter of policy, ASPI does not accept
any funding from the Chinese government or Chinese state-owned enterprises. In
his work, Mr Rudd represents the think tank itself and does not act on behalf of any
government - American or otherwise. His work is read around the world, including
Australia.
10
The Asia Society, of which he is the incoming president and CEO, was established in
1956 by John D. Rockefeller III to build bridges between Asia and the United States.
In addition to ASPI, the Asia Society also contains an Arts and Culture Division and
an Education Division. These divisions receive support from private donors,
foundations and governments depending on the nature of the cultural or educational
program in question.
11
The IPI acts as a think tank supporting the work of the United Nations focusing on
peace, development and security issues. It also convenes about 150 public events
each year involving foreign ministers, diplomats and representatives of other
international institutions around the world. The IPI is funded by contributions from
private foundations as well as governments, principally European and also from the
Gulf. Mr Rudd regularly chairs and speaks at IPI events. These are disseminated by
the IPI’s media team around the world. Mr Rudd’s policy positions are always
independent and never reflect the bidding of any particular government.
12
Beyond these three commitments, Mr Rudd is also a Visiting Fellow at the Harvard
University Kennedy School; Senior Fellow at the Paulson Institute in Chicago;
Distinguished Fellow at the Centre for Strategic and International Studies in
Washington; Senior Fellow and Member for the International Advisory Panel of
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Mr Chris Moraitis
Commonwealth Attorney General's Department
Chatham House in London; Member of the External Advisory Group of the Managing
Director of the International Monetary Fund; Member of the Advisory Board of the
New Economy Forum (an initiative of Bloomberg Philanthropies); Member of the
Global Eminent Persons Group of the Comprehensive Nuclear Test Ban Organisation;
Co-Chair of the Chicago Council of Foreign Relations Task Force on Preventing
Nuclear Proliferation; Member of Jesus College, Oxford University and research
student at the Oxford Department of International Area Studies; Member of the
Board of the Steve Schwartzman Education Foundation (which funds Schwartzman
College at Tsinghua University); Visiting Scholar at the Munk School of International
Relations at the University of Toronto; Member of the Sustainability Advisory Board
of Morgan Stanley Bank in the US.Mr Rudd regularly speaks at these institutions,
their conferences as well as many other international conferences sponsored
directly or indirectly by a number of governments, private institutions, think tanks,
or universities around the world - across the US, Japan, other western countries,
developing countries as well as China and Russia. His views are often disseminated
by these institutions and conferences. Mr Rudd always does so as an independent
scholar, commentator and former political leader and never ‘on behalf of’ any
foreign government or entity.
13
Mr Rudd is also the principal of his private consultancy firm Kevin Rudd and
Associates through which he has a number of private corporate clients. Some of
these are private American firms. Others are private international firms, including
private Chinese firms. One is an Australian firm. This list will change. Mr. Rudd does
not provide consultancy services to foreign governments or state-owned
enterprises. Mr Rudd provides a number of these private firms with advisory
services. However for most he delivers speeches and seminars at their major
national, international or other conferences. I understand that Mr Howard, for
example, would have similar paid speaking opportunities around the world. Mr
Howard may have also addressed gatherings of international conservative political
parties representing some parties in power and others perhaps in opposition. His
views would have also been conveyed from time to time back to the Australian
audience, although it should be assumed that Mr Howard was always reflecting his
own views, and not those of any other foreign government. Mr Abbott has addressed
public events in countries like Israel, the Ukraine and Hungary, paid or otherwise
we do not know, with much reportage of his comments back in Australia. Former
Foreign Minister Downer has reportedly had a paid position in the Australian advisory
board of Huawei and he has written publicly in Huawei’s defence in the Australian
media. Former Trade Minister Robb has reportedly been employed by the Chinese
firm Landbridge that took out a 99 year lease on the Port of Darwin.
14
Mr Rudd in this private, for-profit capacity never acts on behalf of any foreign
government or entity. His views have always been fiercely analytically independent,
which is why he is routinely asked for his services. In these circumstances with
private clients, Mr Rudd’s views are not usually disseminated publicly, given the
interests of the client, although this may sometimes occur.
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Mr Chris Moraitis
Commonwealth Attorney General's Department
15
Finally, Mr Rudd is a regular contributor to public policy debates in the international
media. This is the case in the United States, the United Kingdom, Japan, India,
France, Germany, China, Australia, New Zealand and, through syndication, many
other countries around the world. Some of these media outlets are state-owned or
publicly owned: the BBC in the UK; PBS and Public Radio in the US; various Chinese
state-owned media outlets (although not so far in 2020); French television;
Deutsche-Weller, the Canadian Broadcasting Service; the Korean Broadcasting
Service; and Radio New Zealand and various Russian state outlets. Other
international media in which Mr Rudd’s views appear are privately owned. Again Mr
Rudd has never acted on behalf of any foreign government or entity. He has always
been aggressively independent often to the irritation of various state media outlets.
16
This list includes a number of changes since thefirst version sent to you in September
2019. Should there be any amendments to the list of Mr. Rudd’s current
international engagements once his staff have again reviewed his records, I will of
course advise you further.
17
My view remains, however, that none of the engagements listed here require
registration under FITSA because they do not meet the objects, intentions or
provisions of the Act. I would therefore be grateful for your urgent advice as to your
view as to whether you have a different conclusion - if so which of these foreign
activities should be registered and the reasons why. As we discussed at the meeting
and in our correspondence, Mr. Rudd has always supported FITSA and will happily
comply with all lawful requirements.
Yours sincerely
Patrick George
Senior Partner
for Kennedys
cc:
Autumn O’Keefe
Assistant Secretary
Transparency Frameworks Branch
By email: xxxxxxxxxxxx@xx.xxx.xx
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Document 4 - Page 1 of 3
From:
Transparency
To:
Patrick George
Cc:
s 22(1)
Subject:
RE: Application of the Foreign Influence Transparency Scheme to Mr. Rudd [SEC=OFFICIAL]
Date:
Friday, 20 November 2020 5:22:00 PM
OFFICIAL
Dear Mr George,
Thank you for your letter dated 18 November 2020 and your email correspondence below.
The department is considering your letter and will reply as soon as possible.
Kind regards,
s 22(1)
A/g Assistant Secretary
Foreign Influence Transparency Scheme
Transparency Frameworks Branch
Attorney-General’s Department
T: 02 6141 3222 E: xxxxxxxxxxxx@xx.xxx.xx
(phone line available between 9am-12pm & 2-5pm AEDT)
OFFICIAL
From: Patrick George [mailto:xxxxxxx.xxxxxx@xxxxxxxxxxx.xxx]
Sent: Friday, 20 November 2020 4:08 PM
To: Transparency <xxxxxxxxxxxx@xx.xxx.xx>
Cc:s 22(1)
Subject: RE: Application of the Foreign Influence Transparency Scheme to Mr. Rudd
[SEC=OFFICIAL]
CAUTION: This email originated from outside of the organisation. Do not follow guidance, click links, or
open attachments unless you recognise the sender and know the content is safe.
Dear Mr Moraitis/s 22(1)
I look forward to your early response to my letter dated 18 November 2020.
You will of course be aware of the misleading article in The Australian yesterday with the headline
“
Rudd: ‘agent of influence’”.
Regards
Patrick George
Senior Partner
for Kennedys
Kennedys
T +61 2 8215 5901
s 47F(1)
F +61 2 8215 5988
www.kennedyslaw.com
From: Patrick George <xxxxxxx.xxxxxx@xxxxxxxxxxx.xxx>
Sent: Wednesday, 18 November 2020 9:16 PM
Attorney-General's Department documents released under FOI21/155
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Document 4 - Page 2 of 3
To: 'Transparency' <xxxxxxxxxxxx@xx.xxx.xx>
Cc: s 22(1)
Subject: RE: Application of the Foreign Influence Transparency Scheme to Mr. Rudd
[SEC=OFFICIAL]
Dears 22(1)
Please see my response attached.
Regards
Patrick George
Senior Partner
for Kennedys
Kennedys
T +61 2 8215 5901
s 47F(1)
F +61 2 8215 5988
www.kennedyslaw.com
From: Transparency <xxxxxxxxxxxx@xx.xxx.xx>
Sent: Wednesday, 18 November 2020 5:14 PM
To: Patrick George <xxxxxxx.xxxxxx@xxxxxxxxxxx.xxx>
Subject: Application of the Foreign Influence Transparency Scheme to Mr. Rudd [SEC=OFFICIAL]
OFFICIAL
Good Afternoon Mr. George,
I refer to your letter of 26 June 2020.
Please find attached an electronic version of our response.
This letter will also be sent via registered post (508131732017).
Warm regards,
s 22(1)
A/g Assistant Secretary
Foreign Influence Transparency Scheme
Transparency Frameworks Branch
Attorney-General’s Department
T: 02 6141 3222 E: xxxxxxxxxxxx@xx.xxx.xx
(phone line available between 9am-12pm & 2-5pm AEDT)
OFFICIAL
If you have received this transmission in error please
notify us immediately by return e-mail and delete all
copies. If this e-mail or any attachments have been sent
to you in error, that error does not constitute waiver
of any confidentiality, privilege or copyright in respect
of information in the e-mail or attachments.
Attorney-General's Department documents released under FOI21/155
Page 11 of 41
Document 4 - Page 3 of 3
This email has been scanned for viruses and malicious content by Kennedys email security
service provided by Mimecast. For more information on email security, visit
http://www.mimecast.com
General Data Protection Regulations - From 25 May 2018 to the extent that we are currently in a contract
with you or are intending to enter into a contract that involves processing the data of individuals in the EU,
we would ask you to note the terms of our GDPR Privacy Policy, also our Client Terms of Business to the
extent that we have not already agreed GDPR variations with you and, if you supply any products or
services to us, our Supplier Terms of Business each of which will apply to all existing and future dealings
between us as appropriate.
Please be aware of the increase in cybercrime and fraud. If you receive an email purporting to be from
someone at Kennedys which seeks to direct a payment to bank details which differ from those which we
have already given you (in our retainer letter and on our invoices) it is unlikely to be genuine. Please do not
reply to the email or act on any information contained in it but contact us immediately.
KENNEDYS (AUSTRALASIA) PTY LTD
CONFIDENTIALITY AND PRIVILEGE NOTICE
This email is intended only to be read or used by the intended addressee. It is confidential and may contain
legally privileged information. If you are not the intended recipient, any use, distribution, disclosure or
copying of this email is strictly prohibited. Confidentiality and legal privilege attached to this
communication are not waived or lost by reason of the mistaken delivery to you. If you have received this
email in error, please delete it and notify us immediately by telephone or email.
Kennedys (Australasia) Pty Ltd collects personal information to provide and market our services. Please
notify us if you do not wish for us to collect your details.
Attorney-General's Department documents released under FOI21/155
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THE HONOURABLE KEVIN RUDD AC
26th Prime Minister of Australia
Mr Chris Moraitis
Secretary
Attorney-General’s Department
3-5 National Circuit
Barton ACT 2600
23 December 2020
Dear Mr Moraitis,
Re: Foreign Influence Transparency Scheme Act
I refer to your letter of 25 November 2020, which expressed the view that I have
registration obligations under this scheme’s special imposition on former cabinet
ministers, despite the fact that I undertake no activities on behalf of a foreign
principal and I am not an agent of foreign influence.
This view comes more than a year after my lawyer first contacted you in September
2019 to clarify my obligations. He did so at my initiative, despite his view that I had
nothing to register.
Peculiarly, despite having provided a list of my international roles, you declined my
request to say which activities needed to be registered. This puts me in the invidious
position of needing to declare every country with which I have contact or risk
prosecution.
I reiterate that I am not an agent of foreign influence. I engage internationally as an
individual, a scholar, a commentator, a former world leader and in my roles with
international non-government institutions – not on behalf of any foreign state, their
entities or their representatives.
Your suggestion that public activities, such as live broadcast interviews with the BBC
and Radio New Zealand, may be registrable defies the Attorney-General’s statement
that officials would interpret this Act with “common sense”. It is ridiculous to
~ 1 ~
s 47F(1)
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Document 6 - Page 2 of 8
imagine that merely being interviewed by the BBC makes one an agent of UK
government influence, not least if they use this platform to frankly criticise the UK
government, as I often do.
I wholly support this legislation, but your sweeping interpretation of what constitutes
an “arrangement” with a foreign principal potentially captures any engagement I
have with any foreign government, or those tangentially connected to them. This
absurd interpretation will have immediate implications for all former cabinet
ministers. Nonetheless, I am complying with this interpretation by disclosing on the
public register that, since your letter, I have communicated with entities or
individuals that are closely associated with these jurisdictions:
• Barbados
• Kazakhstan
• Brazil
• Republic of Korea
• Canada
• Mexico
• China
• Oman
• Costa Rica
• Pakistan
• Denmark
• Peru
• Ecuador
• Philippines
• Egypt
• Poland
• France
• Portugal
• Germany
• Russia
• Greece
• Saudi Arabia
• Hong Kong
• Singapore
• India
• Spain
• Indonesia
• Sweden
• Israel
• United Arab Emirates
• Italy
• United Kingdom
• Japan
• United States of America
• Jordan
I have done so in one or other of the following capacities:
• President, Asia Society Policy Institute, United States
• Incoming President, Asia Society, United States
• Chair, International Peace Institute, United States
• Member, Jesus College, Oxford University, United Kingdom
• Research Student, Oxford University, United States
• Visiting Fellow, University of Toronto, Canada
• Visiting Fellow, Harvard Kennedy School, United States
• Senior Fellow, Paulson Institute, United States
• Distinguished Fellow, Centre for Strategic & International Studies, United States
~ 2 ~
s 47F(1)
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Document 6 - Page 3 of 8
• Senior Fellow and International Advisory Panel Member, Chatham House,
United Kingdom
• Member, External Advisory Group to the International Monetary Fund
Managing Director
• Member, Bloomberg New Economy Forum Advisory Board, United States
• Global Chair, Water and Sanitation For All
• Member, Comprehensive Nuclear Test Ban Organisation Global Eminent Persons
Group
• Co-Chair, Chicago Council of Foreign Relations Task Force on Preventing
Nuclear Proliferation, United States
• Member, Stephen A. Schwartzman Education Foundation, United States, which
provides scholarships for students to attend China’s Tsinghua University
• Member, Morgan Stanley Sustainability Advisory Board, United States
• Board Member, Center for International Governance Innovation, Canada
• Board Member, Sir Bani Yas Forum, United Arab Emirates
• Chairman, Global Alliance of Sharing Economy (North America)
• Principal, Kevin Rudd & Associates, Australia
• Former Prime Minister of Australia
• Private resident of New York City, United States
I will update this list, and the list of countries with which I have contact, as best I am
aware. It is entirely possible, given the international nature of my work and the sheer
number of foreigners whom I meet, that I will have contact with individuals who
have connections of which I would be unaware.
I expect that, having taken such an expansive, unrealistic interpretation in my case,
you will require the same of all former cabinet ministers who engage with foreigners
including Mr Abbott and Mr Howard.
Further, this expansive interpretation has given me pause to consider how the
legislation might affect others in our society, including the media, given the
arrangements that sometimes exist between the Australian media outlets and foreign
governments, officials and entities. For instance, Rupert Murdoch’s News
Corporation is well known for cultivating partnerships with governments, foreign
and domestic, where both sides understand that favourable coverage is being
exchanged for political and commercial favours.
To this end, I have sought advice from Bret Walker SC about how this legislation
might affect news outlets in Australia. Mr Walker’s advice, which I have attached,
indicates that such outlets may be required to disclose confidential arrangements to
disseminate information in Australia on behalf of a foreign principal. Mr Walker
highlights the case of News Corporation’s Sharri Markson and her exclusive report
~ 3 ~
s 47F(1)
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Document 6 - Page 4 of 8
on May 2, 2020, of a ‘dossier’ that was said to be produced by ‘Western
governments’. One may suspect, as I do, that this news story was placed in the
Australian media by the Trump Administration so that it could influence Australian
public opinion. If so, Ms Markson and News Corporation would apparently be
obliged to register as potential agents of foreign influence in Australia (and disclose
these sources to the government).
Mr Walker's advice raises a clear matter of public concern. I therefore raise it as a
potential matter for your department and minister to consider in consultation with
officials, media organisations and, importantly, the journalists’ union, the MEAA.
Given the matters discussed in this letter, including the implications for former
cabinet ministers and for media organisations such as News Corporation, it is my
intention to place this letter in the public domain. I also intend to publish a summary
of these sentiments on the public register.
Yours sincerely,
Hon Kevin Rudd AC
~ 4 ~
s 47F(1)
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From:
Transparency
To:
Patrick George
Cc:
Transparency; s 47F(1)
s 22(1)
Subject:
RE: Hon Kevin Rudd [SEC=OFFICIAL:Sensitive]
Date:
Wednesday, 20 January 2021 4:45:21 PM
OFFICIAL: Sensitive
Dear Patrick
Thank you for your letter and for making the time yesterday to discuss Mr Rudd’s registration
under the Foreign Influence Transparency Scheme – I hope that you found the discussion useful.
We appreciate Mr Rudd’s engagement with the scheme and the extra work that is being done to
ensure his registration complies with the scheme’s requirements.
I wanted to let you know that I intend to send you a response to this correspondence as soon as
possible but it’s likely that it will be tomorrow. In the meantime, if you have any further
questions in relation to Mr Rudd’s registration or anything that was discussed on the phone
yesterday, please don’t hesitate to get in touch with me directly on s 22(1)
Kind regards
s 22(1)
a/g Director
Transparency Frameworks Branch
s 22(1)
OFFICIAL: Sensitive
From: Patrick George [mailto:xxxxxxx.xxxxxx@xxxxxxxxxxx.xxx]
Sent: Wednesday, 20 January 2021 11:05 AM
To: s 22(1)
Cc: Transparency <xxxxxxxxxxxx@xx.xxx.xx>; s 47F(1)
s 47F(1)
Subject: Hon Kevin Rudd
CAUTION: This email originated from outside of the organisation. Do not follow guidance, click links, or
open attachments unless you recognise the sender and know the content is safe.
Dears 22(1)
Please see attached letter confirming the discussion yesterday.
Regards
Patrick
Patrick George
Senior Partner
for Kennedys
Kennedys
T +61 2 8215 5901
s 47F(1)
F +61 2 8215 5988
www.kennedyslaw.com
General Data Protection Regulations - From 25 May 2018 to the extent that we are currently in a contract
with you or are intending to enter into a contract that involves processing the data of individuals in the EU,
we would ask you to note the terms of our GDPR Privacy Policy, also our Client Terms of Business to the
extent that we have not already agreed GDPR variations with you and, if you supply any products or
services to us, our Supplier Terms of Business each of which will apply to all existing and future dealings
between us as appropriate.
Please be aware of the increase in cybercrime and fraud. If you receive an email purporting to be from
someone at Kennedys which seeks to direct a payment to bank details which differ from those which we
have already given you (in our retainer letter and on our invoices) it is unlikely to be genuine. Please do not
reply to the email or act on any information contained in it but contact us immediately.
KENNEDYS (AUSTRALASIA) PTY LTD
CONFIDENTIALITY AND PRIVILEGE NOTICE
This email is intended only to be read or used by the intended addressee. It is confidential and may contain
Attorney-General's Department documents released under FOI21/155
Page 25 of 41
Document 8 - Page 2 of 2
legally privileged information. If you are not the intended recipient, any use, distribution, disclosure or
copying of this email is strictly prohibited. Confidentiality and legal privilege attached to this
communication are not waived or lost by reason of the mistaken delivery to you. If you have received this
email in error, please delete it and notify us immediately by telephone or email.
Kennedys (Australasia) Pty Ltd collects personal information to provide and market our services. Please
notify us if you do not wish for us to collect your details.
Attorney-General's Department documents released under FOI21/155
Page 26 of 41
Document 9 - Page 1 of 2
Your ref
Our ref PTG/AUSR13-961833 (PTG)
Kennedys (Australasia) Pty Ltd
s 22(1)
BY EMAIL:
Level 22
85 Castlereagh Street
xxxxxxxxxxxx@xx.xxx.xx
Sydney NSW 2000
PO Box A65
Sydney South NSW 1235
Australia
s 22(1)
ABN 31 119 302 742
A/G Director
t +61 2 8215 5999
Transparency Frameworks Branch
f +61 2 8215 5988
Attorney-General's Department
DX 239 Sydney
3-5 National Circuit
kennedyslaw.com
BARTON ACT 2600
Direct Dial+61 2 8215 5901
xxxxxxx.xxxxxx@xxxxxxxxxxx.xxx
20 January 2021
s 22(1)
Dear
THE HON KEVIN RUDD AC
I refer to our conference call yesterday to clarify Mr Rudd’s registration under the Foreign
Influence Transparency Scheme Act. I confirm that Mr Rudd considers he does not act on
behalf of any foreign principal.
My understanding from that call was the following:
1
The Department does not consider the mere act of arranging or conducting a
meeting or conversation with a foreign principal is sufficient to require registration.
2
The Department does consider that Mr Rudd should register the fact that he
occasionally gives interviews to state-owned media, such as the BBC.
3
The Department does consider that Mr Rudd may need to register his appointments
with certain entities such as public universities and multilateral public institutions,
but not United Nations’ agencies, if exempt.
4
The Department does not require Mr Rudd to register appointments he no longer
holds, such as his former position at Peking University in China.
5
The Department believes it is legally bound to publish Mr Rudd’s registration by
Thursday 21 January 2021 and requests his registration of 23 December 2020 be
updated as appropriate prior to this deadline.
6
The Department understands that given the depth and complexity of Mr Rudd’s
international engagements, he may need to update his registration from time to
time.
Kennedys offices, associations and cooperations: Argentina, Australia, Belgium, Bermuda, Brazil, Canada, Chile, China, Colombia, Denmark,
Dominican Republic, England and Wales, France, Guatemala, Hong Kong, India, Ireland, Israel, Italy, Mexico, New Zealand, Northern Ireland,
Norway, Oman, Pakistan, Panama, Peru, Poland, Portugal, Puerto Rico, Russian Federation, Scotland, Singapore, Spain, Sweden, Thailand, United
Arab Emirates, United States of America.
Legal_APAC\4564678.1
Attorney-General's Department documents released under FOI21/155
Page 27 of 41
s 22(1)
7
Although the Department does not give advice about which specific institutions are
registrable, Mr Rudd might consider the following institutions as to whether they
are appointments on behalf of a foreign principal:
(a) Oxford University
(b) University of Toronto
(c) Comprehensive Nuclear Test Ban Organisation Global Eminent Persons Group
(d) Center for International Governance Innovation
(e) Chicago Council of Foreign Relations Task Force on Preventing Nuclear
Proliferation
(f)
Center for Strategic and International Studies
(g) Sir Bani Yas Forum
We note your request that Mr Rudd update his registration by Thursday evening taking into
account your latest position. Pending any update, Mr Rudd’s letter of 23 December 2020
records his registration under the Act.
Yours sincerely
Patrick George
Senior Partner
for Kennedys
Legal_APAC\4564678.1
2 of 2
Attorney-General's Department documents released under FOI21/155
Page 28 of 41
Document 10 - Page 1 of 1
From:
Patrick George
To:
s 22(1)
Cc:
Transparency; s 47F(1)
Subject:
RE: Hon Kevin Rudd
Date:
Friday, 22 January 2021 12:50:22 PM
Attachments:
Letter to Ms Witcombe 22.01.21.pdf
Dear s 22(1)
Please see attached letter.
Regards
Patrick George
Senior Partner
for Kennedys
Kennedys
T +61 2 8215 5901
s 47F(1)
F +61 2 8215 5988
www.kennedyslaw.com
From: Patrick George <xxxxxxx.xxxxxx@xxxxxxxxxxx.xxx>
Sent: Wednesday, 20 January 2021 11:05 AM
To: s 22(1)
Cc: 'Transparency' <xxxxxxxxxxxx@xx.xxx.xx>; 's 47F(1) ' s 47F(1)
Subject: Hon Kevin Rudd
Dear s 22(1)
Please see attached letter confirming the discussion yesterday.
Regards
Patrick
Patrick George
Senior Partner
for Kennedys
Kennedys
T +61 2 8215 5901
s 47F(1)
F +61 2 8215 5988
www.kennedyslaw.com
General Data Protection Regulations - From 25 May 2018 to the extent that we are currently in a contract
with you or are intending to enter into a contract that involves processing the data of individuals in the EU,
we would ask you to note the terms of our GDPR Privacy Policy, also our Client Terms of Business to the
extent that we have not already agreed GDPR variations with you and, if you supply any products or
services to us, our Supplier Terms of Business each of which will apply to all existing and future dealings
between us as appropriate.
Please be aware of the increase in cybercrime and fraud. If you receive an email purporting to be from
someone at Kennedys which seeks to direct a payment to bank details which differ from those which we
have already given you (in our retainer letter and on our invoices) it is unlikely to be genuine. Please do not
reply to the email or act on any information contained in it but contact us immediately.
KENNEDYS (AUSTRALASIA) PTY LTD
CONFIDENTIALITY AND PRIVILEGE NOTICE
This email is intended only to be read or used by the intended addressee. It is confidential and may contain
legally privileged information. If you are not the intended recipient, any use, distribution, disclosure or
copying of this email is strictly prohibited. Confidentiality and legal privilege attached to this
communication are not waived or lost by reason of the mistaken delivery to you. If you have received this
email in error, please delete it and notify us immediately by telephone or email.
Kennedys (Australasia) Pty Ltd collects personal information to provide and market our services. Please
notify us if you do not wish for us to collect your details.
Attorney-General's Department documents released under FOI21/155
Page 29 of 41
Document 11 - Page 1 of 2
Your ref
Our ref PTG/AUSR13-961833 (PTG)
Kennedys (Australasia) Pty Ltd
BY EMAIL: s 22(1)
Level 22
85 Castlereagh Street
xxxxxxxxxxxx@xx.xxx.xx
Sydney NSW 2000
PO Box A65
Sydney South NSW 1235
Australia
s 22(1)
ABN 31 119 302 742
A/G Director
t +61 2 8215 5999
Transparency Frameworks Branch
f +61 2 8215 5988
Attorney-General's Department
DX 239 Sydney
3-5 National Circuit
kennedyslaw.com
BARTON ACT 2600
Direct Dial+61 2 8215 5901
xxxxxxx.xxxxxx@xxxxxxxxxxx.xxx
22 January 2021
Dear s 22(1)
THE HON KEVIN RUDD AC
I refer to my letter dated 20 January 2021 concerning Mr Rudd’s registration under the
Foreign Influence Transparency Scheme Act. I confirm that Mr Rudd continues to believe
that he does not act on behalf of any foreign principal.
1
In reference to the following institutions with which Mr Rudd has had dealings, no
registration requirement exists for these reasons:
(a) Oxford University – Mr Rudd is enrolled as a student only;
(b) University of Toronto – Mr Rudd’s tenure as a Visiting Fellow has ceased;
(c) Comprehensive Nuclear Test Ban Organisation Global Eminent Persons Group
– a related body of the UN covered under the exemptions in the Act: Foreign
Influence Transparency Scheme - Factsheet 7 (ag.gov.au)
(d) Center for International Governance Innovation – it is not a foreign principal
or foreign government related entity.
(e) Chicago Council on Foreign Relations Task Force on Preventing Nuclear
Proliferation – it is not a foreign principal or foreign government related
entity.
(f) Center for Strategic and International Studies – it is not a foreign principal or
foreign government related entity.
(g) Sir Bani Yas Forum – Mr Rudd has ceased any activity in relation to this body.
Kennedys offices, associations and cooperations: Argentina, Australia, Belgium, Bermuda, Brazil, Canada, Chile, China, Colombia, Denmark,
Dominican Republic, England and Wales, France, Guatemala, Hong Kong, India, Ireland, Israel, Italy, Mexico, New Zealand, Northern Ireland,
Norway, Oman, Pakistan, Panama, Peru, Poland, Portugal, Puerto Rico, Russian Federation, Scotland, Singapore, Spain, Sweden, Thailand, United
Arab Emirates, United States of America.
Legal_APAC\4573376.1
Attorney-General's Department documents released under FOI21/155
Page 30 of 41
Document 11 - Page 2 of 2
s 22(1)
Transparency Frameworks Branch
Attorney-General's Department
Mr Rudd updated his registration yesterday, which basically discloses activity of media
interviews with a number of foreign principal related media bodies.
Yours sincerely
Patrick George
Senior Partner
for Kennedys
Legal_APAC\4573376.1
2 of 2
Attorney-General's Department documents released under FOI21/155
Page 31 of 41
Document 12 - Page 1 of 1
From:
Transparency
To:
xxxxxxx.xxxxxxxx@xxx.xxx.xx
Subject:
Correspondence regarding the Foreign Influence Transparency Scheme [SEC=OFFICIAL]
Date:
Monday, 19 July 2021 5:38:45 PM
Attachments:
Letter from Assistant Secretary to the Hon Malcolm Turnbull AC - 19 July....pdf
OFFICIAL
Dear Mr Turnbull
Please find
attached a letter dated 19 July 2021 regarding the
Foreign Influence Transparency
Scheme. A hard copy of this letter will also be sent via registered post.
Kind regards
Foreign Influence Transparency Scheme
Integrity and Security Division
Attorney-General's Department
T: +61 2 6141 3222 |
E: xxxxxxxxxxxx@xx.xxx.xx
|
W: www.ag.gov.au/transparency
The information contained in this email is intended as guidance only. It does not constitute legal advice and should not be relied
upon as such. If you require legal advice, you should consult an independent legal adviser.
OFFICIAL
Attorney-General's Department documents released under FOI21/155
Page 32 of 41
Document 13 - Page 1 of 2
Attorney-General's Department documents released under FOI21/155
Page 33 of 41
Document 13 - Page 2 of 2
Document 14 - Page 1 of 2
From:
Malcolm Turnbull
To:
Transparency
Cc:
s 47F(1)
Subject:
RE: Letter for Ms Autumn Field [SEC=OFFICIAL]
Date:
Wednesday, 21 July 2021 2:37:48 PM
CAUTION: This email originated from outside of the organisation. Do not follow guidance, click links, or
open attachments unless you recognise the sender and know the content is safe.
Thanks that would be great, it is such a difficult website to use. Please fill it in for me – the details
are all in my letter. I have finalised the Jeju entry, I cannot find any button to lodge it, and the
system wont let me add the Yushan Forum. So, can I just leave it to you to complete the
registration, I really don’t have time to struggle with such a frustrating form.
All the best
Malcolm
Hon Malcolm Turnbull AC
s 47F(1)
From: Transparency <xxxxxxxxxxxx@xx.xxx.xx>
Sent: Wednesday, 21 July 2021 2:32 PM
To: s 47F(1)
Transparency <xxxxxxxxxxxx@xx.xxx.xx>
Cc: s 47F(1)
Subject: RE: Letter for Ms Autumn Field [SEC=OFFICIAL]
OFFICIAL
Dear Mr Turnbull
Thank you for your correspondence and your willingness to register your past speaking
engagements at the Jeju Forum and the Yushan Forum under the Foreign Influence
Transparency Scheme.
We can see in the system that your registration is currently ‘saved’ but not ‘lodged’, meaning we
cannot yet approve the registration until it has been relodged in the system. The department
would welcome the opportunity to assist you completing your registrations and can also assist
you to register more than one foreign principal.
We would be happy to arrange a teleconference with you or your staff at your convenience to
provide assistance finalising your registrations. We are also happy to provide written guidance,
including screenshots, to step out the relevant processes to lodge your registrations, if this is
preferable.
Thank you again for your willingness to register under the Scheme and the feedback in relation
to the user experience of the system, we will look into the issues you have raised.
Kind regards
Autumn
Autumn Field
Assistant Secretary
Integrity and Security Division
Attorney-General’s Department
T: +61 2 6141 3222 |
E: xxxxxxxxxxxx@xx.xxx.xx
|
W: www.ag.gov.au/transparency
OFFICIAL
Attorney-General's Department documents released under FOI21/155
Page 35 of 41
Document 14 - Page 2 of 2
From: Malcolm Turnbull s 47F(1)
Sent: Tuesday, 20 July 2021 4:06 PM
To: Transparency <xxxxxxxxxxxx@xx.xxx.xx>
Cc: s 47F(1)
Subject: Letter for Ms Autumn Field
CAUTION: This email originated from outside of the organisation. Do not follow
guidance, click links, or open attachments unless you recognise the sender and know
the content is safe.
Hon Malcolm Turnbull AC
s 47F(1)
If you have received this transmission in error please notify us immediately by return e-mail and
delete all copies. If this e-mail or any attachments have been sent to you in error, that error does
not constitute waiver of any confidentiality, privilege or copyright in respect of information in the
e-mail or attachments.
Attorney-General's Department documents released under FOI21/155
Page 36 of 41
Document 15 - Page 1 of 1
Document 16 - Page 1 of 2
From:
Malcolm Turnbull
To:
Transparency
Cc:
s 47F(1)
Subject:
RE: Letter for Ms Autumn Field [SEC=OFFICIAL]
Date:
Wednesday, 21 July 2021 2:37:48 PM
CAUTION: This email originated from outside of the organisation. Do not follow guidance, click links, or
open attachments unless you recognise the sender and know the content is safe.
Thanks that would be great, it is such a difficult website to use. Please fill it in for me – the details
are all in my letter. I have finalised the Jeju entry, I cannot find any button to lodge it, and the
system wont let me add the Yushan Forum. So, can I just leave it to you to complete the
registration, I really don’t have time to struggle with such a frustrating form.
All the best
Malcolm
Hon Malcolm Turnbull AC
s 47F(1)
From: Transparency <xxxxxxxxxxxx@xx.xxx.xx>
Sent: Wednesday, 21 July 2021 2:32 PM
To: Malcolm Turnbull s 47F(1)
; Transparency <xxxxxxxxxxxx@xx.xxx.xx>
Cc: s 47F(1)
Subject: RE: Letter for Ms Autumn Field [SEC=OFFICIAL]
OFFICIAL
Dear Mr Turnbull
Thank you for your correspondence and your willingness to register your past speaking
engagements at the Jeju Forum and the Yushan Forum under the Foreign Influence
Transparency Scheme.
We can see in the system that your registration is currently ‘saved’ but not ‘lodged’, meaning we
cannot yet approve the registration until it has been relodged in the system. The department
would welcome the opportunity to assist you completing your registrations and can also assist
you to register more than one foreign principal.
We would be happy to arrange a teleconference with you or your staff at your convenience to
provide assistance finalising your registrations. We are also happy to provide written guidance,
including screenshots, to step out the relevant processes to lodge your registrations, if this is
preferable.
Thank you again for your willingness to register under the Scheme and the feedback in relation
to the user experience of the system, we will look into the issues you have raised.
Kind regards
Autumn
Autumn Field
Assistant Secretary
Integrity and Security Division
Attorney-General’s Department
T: +61 2 6141 3222 |
E: xxxxxxxxxxxx@xx.xxx.xx
|
W: www.ag.gov.au/transparency
OFFICIAL
Attorney-General's Department documents released under FOI21/155
Page 38 of 41
Document 16 - Page 2 of 2
From: Malcolm Turnbull s 47F(1)
Sent: Tuesday, 20 July 2021 4:06 PM
To: Transparency <xxxxxxxxxxxx@xx.xxx.xx>
Cc: s 47F(1)
Subject: Letter for Ms Autumn Field
CAUTION: This email originated from outside of the organisation. Do not follow
guidance, click links, or open attachments unless you recognise the sender and know
the content is safe.
Hon Malcolm Turnbull AC
s 47F(1)
If you have received this transmission in error please notify us immediately by return e-mail and
delete all copies. If this e-mail or any attachments have been sent to you in error, that error does
not constitute waiver of any confidentiality, privilege or copyright in respect of information in the
e-mail or attachments.
Attorney-General's Department documents released under FOI21/155
Page 39 of 41
Document 17 - Page 1 of 2
Document 17 - Page 2 of 2
Attorney-General’s Department
T: +61 2 6141 3222 |
E: xxxxxxxxxxxx@xx.xxx.xx
|
W: www.ag.gov.au/transparency
OFFICIAL
From: Malcolm Turnbull s 47F(1)
Sent: Tuesday, 20 July 2021 4:06 PM
To: Transparency <xxxxxxxxxxxx@xx.xxx.xx>
Cc:s 47F(1)
Subject: Letter for Ms Autumn Field
CAUTION: This email originated from outside of the organisation. Do not follow
guidance, click links, or open attachments unless you recognise the sender and know
the content is safe.
Hon Malcolm Turnbull AC
s 47F(1)
If you have received this transmission in error please notify us immediately by return e-mail and
delete all copies. If this e-mail or any attachments have been sent to you in error, that error does
not constitute waiver of any confidentiality, privilege or copyright in respect of information in the
e-mail or attachments.
Attorney-General's Department documents released under FOI21/155
Page 41 of 41
