National Security Legislation Amendment (Espionage and Foreign Interference) Bill 2018 and another

The majority voted against a motion to add the following words to the normal second reading motion "that the bills be read a second time". (Reading bills for a second time is parliamentary jargon for agreeing to the bills' main idea.)

Motion text

At the end of the [normal second reading] motion, add:

", and:

(a) the amendments circulated by Senator Patrick on sheet 8446 be referred to the Parliamentary Joint Committee on Intelligence and Security for inquiry and report by 13 August 2018; and

(b) further consideration of the bill be made an order of the day for the first sitting day after the committee has reported."

The amendments referred to in the motion text relate to the issue of the oversight of intelligence services.

What do these bills do?

These bills were introduced to target foreign influence in Australia by creating a new transparency scheme and introducing a series of new offences targeting things like sabotage, treason and espionage.

Foreign Influence Transparency Scheme Bill 2018

This bill was introduced to establish the Foreign Influence Transparency Scheme to, which will:

• require registration by certain people undertaking certain activities on behalf of a foreign principal;
• require registrants to disclose information about the nature of their relationship with the foreign principal and activities undertaken pursuant to that relationship;
• place additional disclosure requirements on registrants during elections and other voting periods;
• establish a register of scheme information and provide for certain information to be made publicly available;
• provide the secretary with powers to obtain information and documents; and
• establish various penalties for non-compliance with the scheme.

Read more in the bills digest.

National Security Legislation Amendment (Espionage and Foreign Interference) Bill 2018

This bill was introduced to:

• amend existing, and introduce new, espionage offences relating to a broad range of dealings with information, including solicitation and preparation and planning offences;
• introduce new offences relating to foreign interference with Australia’s political, governmental or democratic processes;
• replace the existing sabotage offence with new sabotage offences relating to conduct causing damage to a broad range of critical infrastructure that could prejudice Australia’s national security;
• introduce a new offence relating to theft of trade secrets on behalf of a foreign government;
• amend existing, and introduce new, offences relating to treason and other threats to national security, such as interference with Australian democratic or political rights by conduct involving the use of force, violence or intimidation; and
• introduce a new aggravated offence where a person provides false or misleading information relating to an application for, or maintenance of, an Australian Government security clearance.

Read more in the bills digest.