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Bills of the current Parliament

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


Previous citations:

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



Type
Government
Originating house
House of Representatives
Status
Act
Portfolio
Attorney-General

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 of bill

For committee reference information, please see the Notes section at the end of this page.

House of Representatives
Introduced and read a first time 07/12/17  
Second reading moved 07/12/17  
Second reading debate 26/06/18  
Second reading agreed to 26/06/18  
Consideration in detail debate 26/06/18 Amendment details: 154 Government agreed to
Third reading agreed to 26/06/18  
     
Senate
Introduced and read a first time 27/06/18  
Second reading moved 27/06/18  
Second reading debate 27/06/18  
Second reading debate 28/06/18  
Second reading agreed to 28/06/18  
Committee of the Whole debate 28/06/18  
Third reading debated 28/06/18  
Third reading agreed to 28/06/18  
     
Finally passed both Houses 28/06/18  
Assent 29/06/18 Act no: 67 - Year: 2018
     

Text of bill

  • First reading

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  • Third reading

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  • As passed by both Houses

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Explanatory memoranda

  • Explanatory memorandum

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  • Replacement explanatory memorandum

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  • Supplementary explanatory memorandum

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  • Revised explanatory memorandum

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Second reading speeches


Proposed amendments

House of Representatives
  • Government [Sheet EH261]

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Senate
  • Australian Greens [sheet 8482]
MCKIM, Sen Nick

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  • Australian Greens [sheet 8480]
MCKIM, Sen Nick

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  • Australian Greens [sheet 8485]
MCKIM, Sen Nick

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  • Centre Alliance [sheet 8458]
PATRICK, Sen Rex

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  • Centre Alliance [sheet 8446 revised]
PATRICK, Sen Rex

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Schedules of amendments

Bills Digest



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
  • An electronic version of this Act is available on the Federal Register of Legislation (www.legislation.gov.au)