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

The majority voted in favour of a motion to keep sections 82.5 and 82.6, in item 8 of schedule 1, unchanged. This motion was put after Greens Senator Nick McKim had proposed that those sections be opposed.

Sections 82.5 and 82.6

82.5 Offence of sabotage with intention as to national security

(1) A person commits an offence if:

(a) the person engages in conduct; and

(b) the conduct results in damage to public infrastructure; and

(c) the person intends that the conduct will:

(i) prejudice Australia’s national security; or

(ii) advantage the national security of a foreign country.

Penalty: Imprisonment for 20 years.

(2) For the purposes of subparagraph (1)(c)(ii), the person:

(a) does not need to have in mind a particular foreign country; and

(b) may have in mind more than one foreign country.

Note: An alternative verdict may be available for an offence against this section (see section 82.12).

82.6 Offence of sabotage reckless as to national security

(1) A person commits an offence if:

(a) the person engages in conduct; and

(b) the conduct results in damage to public infrastructure; and

(c) the person is reckless as to whether the conduct will:

(i) prejudice Australia’s national security; or

(ii) advantage the national security of a foreign country.

Penalty: Imprisonment for 15 years.

(2) For the purposes of paragraph (1)(c), the person:

(a) does not need to have in mind a particular foreign country; and

(b) may have in mind more than one foreign country.

What does this bill do?

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.