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The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
National Security Legislation Amendment (Espionage and Foreign Interference) Bill 2017
No. , 2017
(Attorney-General)
A Bill for an Act to amend the criminal law and to provide for certain matters in relation to the foreign influence transparency scheme, and for related purposes
Contents
1............ Short title............................................................................................. 1
2............ Commencement................................................................................... 1
3............ Schedules............................................................................................ 3
Schedule 1—Treason, espionage, foreign interference and related offences 4
Part 1—Main amendments 4
Criminal Code Act 1995 4
Part 2—Consequential amendments 45
Aboriginal and Torres Strait Islander Act 2005 45
Australian Citizenship Act 2007 45
Australian Federal Police Act 1979 46
Commonwealth Electoral Act 1918 46
Crimes Act 1914 46
Foreign Evidence Act 1994 48
Migration Act 1958 48
Surveillance Devices Act 2004 48
Schedule 2—Secrecy 49
Part 1—Secrecy of information 49
Crimes Act 1914 49
Criminal Code Act 1995 49
Part 2—Consequential amendments 64
Agricultural and Veterinary Chemicals (Administration) Act 1992 64
Archives Act 1983 64
Australian Citizenship Act 2007 64
Australian Crime Commission Act 2002 64
Australian Federal Police Act 1979 65
Chemical Weapons (Prohibition) Act 1994 65
Comprehensive Nuclear-Test-Ban Treaty Act 1998 65
Defence Home Ownership Assistance Scheme Act 2008 65
Freedom of Information Act 1982 65
Law Enforcement Integrity Commissioner Act 2006 66
Liquid Fuel Emergency Act 1984 66
Migration Act 1958 66
National Greenhouse and Energy Reporting Act 2007 66
Native Title Act 1993 66
Offshore Minerals Act 1994 66
Ombudsman Act 1976 67
Parliamentary Service Act 1999 67
Public Service Act 1999 67
Renewable Energy (Electricity) Act 2000 67
Textile, Clothing and Footwear Investment and Innovation Programs Act 1999 68
Schedule 3—Aggravated offence for giving false or misleading information 69
Criminal Code Act 1995 69
Schedule 4—Telecommunications serious offences 71
Part 1—Amendments commencing at the same time as Schedules 1 and 3 to this Act 71
Telecommunications (Interception and Access) Act 1979 71
Part 2—Amendments commencing at the same time as Schedule 2 to this Act 72
Telecommunications (Interception and Access) Act 1979 72
Schedule 5—Foreign influence transparency scheme 73
Part 1—Transitional provisions 73
Part 2—Amendments relating to the Electoral Legislation Amendment (Electoral Funding and Disclosure Reform) Act 2017 74
Foreign Influence Transparency Scheme Act 2017 74
A Bill for an Act to amend the criminal law and to provide for certain matters in relation to the foreign influence transparency scheme, and for related purposes
The Parliament of Australia enacts:
This Act is the National Security Legislation Amendment (Espionage and Foreign Interference) Act 2017 .
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
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Commencement information |
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Column 1 |
Column 2 |
Column 3 |
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Provisions |
Commencement |
Date/Details |
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1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table |
The day this Act receives the Royal Assent. |
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2. Schedule 1 |
The day after this Act receives the Royal Assent. |
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3. Schedule 2 |
A single day to be fixed by Proclamation. However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. |
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4. Schedule 3 |
The day after this Act receives the Royal Assent. |
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5. Schedule 4, Part 1 |
The day after this Act receives the Royal Assent. |
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6. Schedule 4, Part 2 |
At the same time as the provisions covered by table item 3. |
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7. Schedule 5, Part 1 |
At the same time as the Foreign Influence Transparency Scheme Act 2017 commences. However, the provisions do not commence at all if that Act does not commence. |
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8. Schedule 5, Part 2 |
The later of: (a) immediately after the commencement of the Foreign Influence Transparency Scheme Act 2017 ; and (b) immediately after the commencement of Part 1 of Schedule 1 to the Electoral Legislation Amendment (Electoral Funding and Disclosure Reform) Act 2017 . However, the provisions do not commence at all unless both of the events mentioned in paragraphs (a) and (b) occur. |
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Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.