Bill
National Security Legislation Amendment (Espionage and Foreign Interference) Bill 2018
passed, as at 2018-06-29. Attorney-General portfolio.
- Sponsor
- Not recorded
- Portfolio
- Attorney-General
Recorded stages
- introduced — 2017-12-07
- second reading — 2017-12-07
- second reading — 2018-06-26
- second reading — 2018-06-26
- committee — 2018-06-26
- third reading — 2018-06-26
- introduced — 2018-06-27
- second reading — 2018-06-27
- second reading — 2018-06-27
- second reading — 2018-06-28
- second reading — 2018-06-28
- committee — 2018-06-28
- third reading — 2018-06-28
- third reading — 2018-06-28
- passed — 2018-06-28
- royal assent — 2018-06-29
Divisions
- National Security Legislation Amendment (Espionage and Foreign Interference) Bill 2017 and another - First Reading - Consider bills together — 2018-06-27, Senate: affirmative, ayes 45, noes 17
- National Security Legislation Amendment (Espionage and Foreign Interference) Bill 2017 and another - First Reading - Speed things along — 2018-06-27, Senate: affirmative, ayes 47, noes 16
- The majority voted against a motion to add the following words to the normal [second reading motion](https://www.peo.gov.au/learning/fact-sheets/making-a-law.html) "*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 motion, in respect of the National Security Legislation Amendment (Espionage and Foreign Interference) Bill 2018, add ", and the bill be referred to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 14 August 2018."* ### 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](http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r6018) 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](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1718a/18bd087). #### National Security Legislation Amendment (Espionage and Foreign Interference) Bill 2018 This [bill](http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:leg — 2018-06-28, Senate: negative, ayes 17, noes 40
- The majority voted against a [motion](https://www.openaustralia.org.au/senate/?id=2018-06-28.3.2) to add the following words to the normal [second reading motion](https://www.peo.gov.au/learning/fact-sheets/making-a-law.html) "*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 Greens Senator [Rachel Siewert](https://theyvoteforyou.org.au/people/senate/wa/rachel_siewert) (WA): > *In respect of the Foreign Influence Transparency Scheme Bill 2018, I move:* >> *At the end of the motion, add:* >> *", and the bill be referred to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 14 August 2018."* ### 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](http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r6018) 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](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1718a/18bd087). #### National Security Legislation A — 2018-06-28, Senate: negative, ayes 16, noes 41
- National Security Legislation Amendment (Espionage and Foreign Interference) Bill 2018 and another - Second Reading - Oversight — 2018-06-28, Senate: negative, ayes 16, noes 41
- National Security Legislation Amendment (Espionage and Foreign Interference) Bill 2018 and another - Second Reading - Agree with bills' main idea — 2018-06-28, Senate: affirmative, ayes 44, noes 12
- National Security Legislation Amendment (Espionage and Foreign Interference) Bill 2018 - in Committee - Sunset provision — 2018-06-28, Senate: negative, ayes 16, noes 34
- National Security Legislation Amendment (Espionage and Foreign Interference) Bill 2018 - in Committee - Support the new offence of sabotage — 2018-06-28, Senate: affirmative, ayes 40, noes 10
- National Security Legislation Amendment (Espionage and Foreign Interference) Bill 2018 - in Committee - Freedom of speech — 2018-06-28, Senate: negative, ayes 12, noes 36
- National Security Legislation Amendment (Espionage and Foreign Interference) Bill 2018 - in Committee - Increasing oversight — 2018-06-28, Senate: negative, ayes 16, noes 33
Plain-language summary
Written by a model from the explanatory memorandum; not the record, as at 2017-12-07.
This bill would update and expand Australia's laws against espionage, foreign interference, and related crimes.
It would create new offences for covert foreign actions aimed at influencing Australian democracy, reform secrecy and sabotage laws, and add a trade secrets theft offence for economic espionage.
The bill would also amend the Telecommunications (Interception and Access) Act to allow interception powers for all new offences, and add an immunity provision for voluntary information given to the Inspector-General of Intelligence and Security.
- Creates new foreign interference offences targeting covert or deceptive actions by foreign actors.
- Reforms Commonwealth secrecy offences to criminalise harmful leaks while protecting freedom of speech.
- Introduces a new aggravated offence for providing false or misleading information during security clearance processes.
Australian law enforcement agencies, intelligence bodies, and people or entities involved in national security processes.
Sources
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billhome
frl act