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Bill
- Schedule 1—Treason, espionage, foreign interference and related offences
- Schedule 2—Secrecy
- Schedule 3—Aggravated offence for giving false or misleading information
- Schedule 4—Telecommunications serious offences
- Schedule 5—Foreign influence transparency scheme
- Schedule 6—Protection for persons providing information voluntarily to the Inspector-General
2016-2017-2018
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
As read a third time
National Security Legislation Amendment (Espionage and Foreign Interference) Bill 2018
No. , 2018
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 48
Aboriginal and Torres Strait Islander Act 2005 48
Australian Citizenship Act 2007 48
Australian Federal Police Act 1979 49
Commonwealth Electoral Act 1918 49
Crimes Act 1914 50
Criminal Code Act 1995 51
Foreign Evidence Act 1994 51
Migration Act 1958 52
Surveillance Devices Act 2004 52
Part 3—Review by Independent National Security Legislation Monitor 53
Independent National Security Legislation Monitor Act 2010 53
Schedule 2—Secrecy 54
Part 1—Secrecy of information 54
Crimes Act 1914 54
Criminal Code Act 1995 54
Part 2—Consequential amendments 74
Agricultural and Veterinary Chemicals (Administration) Act 1992 74
Archives Act 1983 74
Australian Citizenship Act 2007 74
Australian Crime Commission Act 2002 74
Australian Federal Police Act 1979 74
Chemical Weapons (Prohibition) Act 1994 75
Comprehensive Nuclear-Test-Ban Treaty Act 1998 75
Defence Home Ownership Assistance Scheme Act 2008 75
Freedom of Information Act 1982 75
Law Enforcement Integrity Commissioner Act 2006 75
Liquid Fuel Emergency Act 1984 75
Migration Act 1958 76
National Greenhouse and Energy Reporting Act 2007 76
Native Title Act 1993 76
Offshore Minerals Act 1994 76
Ombudsman Act 1976 76
Parliamentary Service Act 1999 77
Public Service Act 1999 77
Renewable Energy (Electricity) Act 2000 77
Textile, Clothing and Footwear Investment and Innovation Programs Act 1999 77
Schedule 3—Aggravated offence for giving false or misleading information 78
Criminal Code Act 1995 78
Schedule 4—Telecommunications serious offences 80
Part 1—Amendments commencing at the same time as Schedules 1 and 3 to this Act 80
Telecommunications (Interception and Access) Act 1979 80
Part 2—Amendments commencing at the same time as Schedule 2 to this Act 81
Telecommunications (Interception and Access) Act 1979 81
Schedule 5—Foreign influence transparency scheme 82
Part 1—Transitional provisions 82
Part 2—Amendments relating to the Electoral Legislation Amendment (Electoral Funding and Disclosure Reform) Act 2018 83
Foreign Influence Transparency Scheme Act 2018 83
Schedule 6—Protection for persons providing information voluntarily to the Inspector-General 85
Inspector-General of Intelligence and Security Act 1986 85
This Bill originated in the House of Representatives; and, having this day passed, is now ready for presentation to the Senate for its concurrence.
D. R. ELDER
Clerk of the House of Representatives
House of Representatives
26 June 2018
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 2018 .
(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.
Commencement information |
||
Column 1 |
Column 2 |
Column 3 |
Provisions |
Commencement |
Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table |
The day this Act receives the Royal Assent. |
|
2. Schedule 1 |
The day after this Act receives the Royal Assent. |
|
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. |
|
4. Schedule 3 |
The day after this Act receives the Royal Assent. |
|
5. Schedule 4, Part 1 |
The day after this Act receives the Royal Assent. |
|
6. Schedule 4, Part 2 |
At the same time as the provisions covered by table item 3. |
|
7. Schedule 5, Part 1 |
At the same time as the Foreign Influence Transparency Scheme Act 2018 commences. However, the provisions do not commence at all if that Act does not commence. |
|
8. Schedule 5, Part 2 |
The later of: (a) immediately after the commencement of the Foreign Influence Transparency Scheme Act 2018 ; and (b) immediately after the commencement of Part 1 of Schedule 1 to the Electoral Legislation Amendment (Electoral Funding and Disclosure Reform) Act 2018 . However, the provisions do not commence at all unless both of the events mentioned in paragraphs (a) and (b) occur. |
|
9. Schedule 6 |
The day after this Act receives the Royal Assent. |
|
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.