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Proposed New Laws Targeting Espionage and Foreign Interference

At the end of last year, PM Turnbull introduced a package of new laws aimed at targeting espionage and foreign interference in Australia’s political system. This bill is in debate presently.

New Criminal Offences

The bills introduce a range of new espionage and foreign interference offences for:

  • Possessing, receiving or communicating sensitive information
  • Failing to disclose ties with foreign interests on a Government register
  • Stealing trade secrets and passing them onto foreign agencies; and
  • Damaging Commonwealth infrastructure whilst colluding with a foreign power.

Concerns about the Espionage and Foreign Interference Laws

A very significant concern is that these proposed offences are too broad and will unduly affect too many individuals and organisations. A large number of charities, researchers, universities and journalists have raised serious concerns about the breadth of the laws. Individuals or organisations who receive information or donations from foreign parties for legitimate purposes run the risk of facing criminal prosecution. This is despite having no intention to harm Australia’s interests.

A particularly concerned group are media companies. Journalists recently made a joint submission to Parliament arguing that the proposed offences put journalists at significant risk. This risk includes facing jail time for simply receiving and possessing information that is of public interest. These potential new laws impugn Freedom of the press.

The Government has proposed introducing of a public register that requires people to register any political, campaigning or lobbying activities undertaken “on behalf of foreign principals”. A failure to register these activities could result in harsh criminal penalties.

Researchers and academics have concerns that this would cover funding, sponsorship or collaboration with foreign entities. This will affect Australian academics’ ability to perform their basic research functions.  It will interfere with their academic freedom, and the freedom and independence of organisations to make collaboration agreements.

A Sydney lawyer in a dark suit placing a document labeled "top secret" into a black leather briefcase.
Proposed new espionage and foreign interference offences will unduly affect too many people
Peter O'Brien Sydney Lawyer
Principal Solicitor & Founder at  |  + posts

Peter O'Brien is the Principal Solicitor of O'Brien Criminal & Civil Solicitors and Australia's leading expert in intentional torts litigation, with over 25 years of experience securing landmark victories in malicious prosecution and unlawful imprisonment cases. Author of Intentional Tort Litigation in Australia and recipient of the Law Council of Australia President's Medal, Peter has achieved record-breaking compensation for clients and is widely recognised for his unwavering commitment to access to justice.

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Peter O'Brien Principal Solicitor & Founder
Peter O'Brien is the Principal Solicitor and founder of O’Brien Criminal and Civil Solicitors, bringing over 25 years of specialised experience in criminal defence and civil litigation.
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Criminal Defence Civil Litigation Defamation Law Intentional Torts Unlawful Imprisonment
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