Advisory Report on the National Security Legislation Amendment (Espionage and Foreign Interference) Bill 2017

June 2018

© Commonwealth of Australia 2018
ISBN: 978-1-74366-831-3

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Membership of the Committee

Terms of Reference

List of Abbreviations

List of Recommendations

1. Current environment

  The current environment
  Government response to the threat
  Committee comment

2. The Bill and its referral

  The Bill and its referral
  Outline of the Bill

3. General issues across the Bill

  Scope of key definitions
  Security classifications
  Evidentiary certificates - ‘concerns national security’
  Preparatory offences
  Reckless conduct
  Evidential burden on the defendant
  Rights to freedom of expression and political communication

4. Secrecy offences - breadth of conduct captured

  Overview of the provisions
  Rationale for the proposed new offences
  Australian Law Reform Commission report
  Breadth of conduct captured by the offences

5. Secrecy offences - defences and other matters

  Other matters

6. Espionage offences

  Subdivision A – Espionage
  Subdivision B – Espionage on behalf of foreign principal
  Subdivision C – Espionage-related offences
  Freedom of political communication and expression
  Attorney-General’s Consent
  Consequential amendments
  Committee Comment

7. Foreign interference and theft of trade secrets offences

  Foreign interference offences
  Theft of trade secrets

8. Sabotage offences

  Definitions of ‘damage to public infrastructure’ and ‘public infrastructure’
  Intention and recklessness as to national security
  Harm or prejudice to Australia’s economic interests, and other matters
  Preparing for or planning a sabotage offence
  Consequential amendments
  Committee comment

9. Treason, treachery and other threats to security

  Treason and treachery
  Other threats to security
  Committee comment

10. Schedules 3 to 5 and consequential amendments

  Schedule 3 – Aggravated offence for giving false or misleading information
  Schedule 4 – Telecommunications interception
  Schedule 5 – The Foreign Influence Transparency Scheme Bill 2017
  Consequential amendments

11. Concluding comments

A. List of submissions and exhibits

B. List of witnesses appearing at public and private hearings

C. Comparison between Schedule 2 and ALRC recommendations

Committee Secretariat contact:

Committee Secretary
Parliamentary Joint Committee on Intelligence and Security
PO Box 6021
Parliament House
Canberra ACT 2600

Phone: +61 2 6277 2360