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

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8482

2016-2017-2018

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

 

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

 

 

 

( 1 )     Schedule  1 , item  8 , page 14 (after line 9) , at the end of section  82.10 of the Criminal Code , add:

             (3)  It is a defence to a prosecution for an offence by a person against this Division if the person engaged in the conduct in the course of criticising or protesting any of the following:

                     (a)  a law in force in the Commonwealth or in a State or Territory;

                     (b)  a proposed law of the Commonwealth or of a State or Territory;

                     (c)  a policy of the Commonwealth Government or of a State or Territory government;

                     (d)  a decision or action, or proposed decision or action, of a public official;

                     (e)  a decision or action of a member of:

                              (i)  the Parliament of the Commonwealth; or

                             (ii)  a parliament of a State; or

                            (iii)  the legislative assembly of a Territory;

                      (f)  the outcome of an election or similar political process.

Note:          A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3)).

[defence to sabotage offences]

( 2 )     Schedule  1 , item  8 , page 30 (after line 7) , at the end of section  91.4 of the Criminal Code , add:

             (4)  It is a defence to a prosecution for an offence by a person against this Subdivision that the person dealt with the information or article in the course of:

                     (a)  making or reporting a statement in the public interest or for an artistic or academic purpose; or

                     (b)  contributing to a discussion or debate that is of public interest or has an artistic or academic purpose; or

                     (c)  making or publishing a report of an event, or matter, of public interest; or

                     (d)  bringing a matter concerning Australia’s compliance with international law to the attention of a public international organisation of which Australia is a member.

Note:          A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3)).

[defence to espionage offences]

( 3 )     Schedule  1 , item  8 , page 34 (after line 7) , at the end of section 91.9 of the Criminal Code , add:

             (3)  It is a defence to a prosecution for an offence by a person against this Subdivision that the person dealt with the information or article in the course of:

                     (a)  making or reporting a statement in the public interest or for an artistic or academic purpose; or

                     (b)  contributing to a discussion or debate that is of public interest or has an artistic or academic purpose; or

                     (c)  making or publishing a report of an event, or matter, of public interest; or

                     (d)  bringing a matter concerning Australia’s compliance with international law to the attention of a public international organisation of which Australia is a member.

Note:          A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3)).

[defence to espionage offences]

( 4 )     Schedule  1 , item  8 , page 36 (line 2) , before “ It ”, insert “ (1) ”.

[consequential—defence to espionage offences]

( 5 )     Schedule  1 , item  8 , page 36 (after line 11) , at the end of section  91.13 of the Criminal Code , add:

             (2)  It is a defence to a prosecution for an offence by a person against this Subdivision that the person dealt with the information or article in the course of:

                     (a)  making or reporting a statement in the public interest or for an artistic or academic purpose; or

                     (b)  contributing to a discussion or debate that is of public interest or has an artistic or academic purpose; or

                     (c)  making or publishing a report of an event, or matter, of public interest; or

                     (d)  bringing a matter concerning Australia’s compliance with international law to the attention of a public international organisation of which Australia is a member.

Note:          A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3)).

[defence to espionage offences]

( 6 )     Schedule  1 , item  8 , page 40 (line 25) , before “ It ”, insert “ (1) ”.

[consequential—defence to foreign interference offences]

( 7 )     Schedule  1 , item  8 , page 40 (after line 32) , at the end of section  92.5 of the Criminal Code , add:

             (2)  It is a defence to a prosecution for an offence by a person against this Subdivision that the person engaged in the conduct in the course of:

                     (a)  making or reporting a statement in the public interest or for an artistic or academic purpose; or

                     (b)  contributing to a discussion or debate that is of public interest or has an artistic or academic purpose; or

                     (c)  making or publishing a report of an event, or matter, of public interest; or

                     (d)  bringing a matter concerning Australia’s compliance with international law to the attention of a public international organisation of which Australia is a member.

Note:          A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3)).

[defence to foreign interference offences]