Espionage and Foreign Interference Bill 2017

In the public interest. 

This is an excerpt from GetUp! to give another perspective.  Refer https://www.getup.org.au/campaigns/democracy/andrew-wilkie-s-warning/this-whistleblower-has-a-warning-for-us?t=ELnR2h03e&utm_campaign=Another_step_towards_a_police_state&utm_content=25783&utm_medium=email&utm_source=blast#accordion-module-content-45797

The Espionage and Foreign Interference Bill is a deeply complex piece of legislation. A lot of it is uncontroversial, even beneficial (for example, reasonable changes to our mutiny laws). 

However, there are two major issues which threaten our democratic rights and civil liberties: 

1. Radical changes to Espionage laws: If these draft laws are not amended, investigating or reporting on a subject that could damage Australia’s international reputation or harm its economic relations could attract a prison sentence of between 20 years and life. This would include exposing cases where Australia has breached international law. 

2. Radical changes to Sabotage laws: ‘Damaging’ government or business property with an intention to harm Australia’s international reputation or economic interests could attract a prison sentence of up to 25 years. However, under the bill, ‘damage’ includes limiting access to property by people who ordinarily have access. In other words, ‘sabotage’ could now include peacefully blockading a road to prevent the export of coal or uranium to another country. It could also include peacefully protesting Australia’s involvement in an international war. 

The bill also changes the legal definition of national security to include country’s political and economic relations with another country, and that country’s foreign influence. 

If you want to read more about the impacts the laws will have our our democracy check out these fantastic op-eds from civil society leaders.

You can also read the original legislation and a Parliamentary committee’s recommendations here

 
These laws would directly impact the GetUp movement’s ability to make change on most issues that have an international dimension including climate change, refugees, and Trade deals such as the TPP. 

Furthermore, the GetUp community relies heavily on the crucial work of investigative journalists and whistleblowers. If transparency and accountability is reduced, our ability to campaign will suffer.

 
Any protest that blocks access to buildings run by the Commonwealth or a business. For instance, a protest in an MPs’ office, where that protest is intended to bring international attention to a significant criticism of Australia, will be a criminal offence. Or, a protest regarding Australia’s conduct during a war, if it blocked access to shops, could qualify as “sabotage” for prejudicing Australia’s national security.

 

SPREAD THE WORD!

We need to make sure people know about this – before it’s too late  

 

 

https://www.aph.gov.au/Parliamentary_Business/Bills_LEGislation/Bills_Search_Results/Result?bId=r6022

National Security Legislation Amendment (Espionage and Foreign Interference) Bill 2017

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Summary

Amends: the Criminal Code Act 1995 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; 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; eight Acts to make consequential amendments; the Crimes Act 1914 and Criminal Code Act 1995 to replace certain existing, and introduce new, offences relating to secrecy of information; 20 Acts to make consequential amendments; the Telecommunications (Interception and Access) Act 1979 to amend the definition of a ‘serious offence’ to include the offences provided for by the bill; and the proposed Foreign Influence Transparency Scheme Act 2017 to amend the definitions of ‘electoral donations threshold’, ‘general political lobbying’ and ‘political or governmental influence’.

Progress

House of Representatives
Introduced and read a first time 07 Dec 2017
Second reading moved 07 Dec 2017

Documents and transcripts

 

Text of bill

  • First reading
Word Format PDF Format HTML Format

 

Explanatory memoranda

  • Explanatory Memorandum
Word Format PDF Format HTML Format

Proposed amendments

 

Senate

Word Format PDF Format HTML Format

 

Schedules of amendments

No documents at present

Notes

  • Referred to Committee (08/12/2017): Parliamentary Joint Committee on Intelligence and Security; Committee report (07/06/2018)
  • Considered by scrutiny committee (07/02/2018): Senate Standing Committee for the Scrutiny of Bills; Scrutiny Digest 4 of 2018
  • Considered by scrutiny committee (20/02/2018): Parliamentary Joint Committee on Human Rights; Report 3 of 2018

Helpful information

Text of bill

  • First reading: Text of the bill as introduced into the Parliament
  • Third reading: Prepared if the bill is amended by the house in which it was introduced. This version of the bill is then considered by the second house.
  • As passed by both houses: Final text of bill agreed to by both the House of Representatives and the Senate which is presented to the Governor-General for assent.

Explanatory memoranda

  • Explanatory memorandum: Accompanies and provides an explanation of the content of the introduced version (first reading) of the bill.
  • Supplementary explanatory memorandum: Accompanies and explains amendments proposed by the government to the bill.
  • Revised explanatory memorandum: Accompanies and explains the amended version (third reading) of the bill. It supersedes the explanatory memorandum.

Proposed amendments

Circulated by members and senators when they propose to make changes to the bill. For details about the outcome of proposed amendments please refer to either the Votes and Proceedings (House of Representatives) or the Journals (Senate).

Schedules of amendments

Schedules of amendments list amendments agreed to by the second house are communicated to the first house for consideration. Subsequent action by either house may also be included in a schedule.

Mohandas Gandhi

“Only as high as I reach can I grow, only as far as I seek can I go, only as deep as I look can I see, only as much as I dream can I be.”

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