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Thursday, 25 September 2014
Page: 7250


Senator LEYONHJELM (New South Wales) (20:35): by leave—I move amendments (4) and (5) standing in my name on sheet 7579 together:

(4) Schedule 3, item 3, page 69 (lines 30 and 31), omit "or prejudice the effective conduct of a special intelligence operation".

(5) Schedule 3, item 3, page 70 (lines 2 and 3), omit "or prejudice the effective conduct of a special intelligence operation".

I indicate that I will move each of amendments (6) and (7) separately.

Amendments (4) and (5) relate to the special intelligence operation disclosure offence. They relate to the particular offence that gives rise to a maximum penalty of 10 years imprisonment. My amendments would mean that disclosures that do not endanger anyone's health or safety but nonetheless prejudice the effective conduct of a special intelligence operation do not give rise to a maximum penalty of 10 years imprisonment. Instead, such disclosures would give rise to a maximum penalty of five years imprisonment. The point I am making, and the point on which I am seeking support, is that 10 years imprisonment is unreasonable when no-one's health or safety has been endangered.