Summary

Edit

The majority voted in favour of a motion to keep sections 82.5 and 82.6, in item 8 of schedule 1, unchanged. This motion was put after Greens Senator Nick McKim had proposed that those sections be opposed.

Sections 82.5 and 82.6

82.5 Offence of sabotage with intention as to national security

(1) A person commits an offence if:

(a) the person engages in conduct; and

(b) the conduct results in damage to public infrastructure; and

(c) the person intends that the conduct will:

(i) prejudice Australia’s national security; or

(ii) advantage the national security of a foreign country.

Penalty: Imprisonment for 20 years.

(2) For the purposes of subparagraph (1)(c)(ii), the person:

(a) does not need to have in mind a particular foreign country; and

(b) may have in mind more than one foreign country.

Note: An alternative verdict may be available for an offence against this section (see section 82.12).

82.6 Offence of sabotage reckless as to national security

(1) A person commits an offence if:

(a) the person engages in conduct; and

(b) the conduct results in damage to public infrastructure; and

(c) the person is reckless as to whether the conduct will:

(i) prejudice Australia’s national security; or

(ii) advantage the national security of a foreign country.

Penalty: Imprisonment for 15 years.

(2) For the purposes of paragraph (1)(c), the person:

(a) does not need to have in mind a particular foreign country; and

(b) may have in mind more than one foreign country.

What does this bill do?

This bill was introduced 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; and
  • 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.

Read more in the bills digest.

Votes Passed by a modest majority

Nobody rebelled against their party.

Party Votes
Cory Bernardi SA Australian Conservatives Absent
Australian Greens (100% turnout) 0 Yes 9 No
Andrew Bartlett Queensland No
Richard Di Natale Victoria No
Sarah Hanson-Young SA No
Nick McKim Tasmania No
Lee Rhiannon NSW No
Janet Rice Victoria No
Rachel Siewert WA No
Jordon Steele-John WA No
Peter Whish-Wilson Tasmania No
Australian Labor Party (56% turnout) 14 Yes 0 No
Catryna Bilyk Tasmania Yes
Doug Cameron NSW Yes
Anthony Chisholm Queensland Yes
Alex Gallacher SA Yes
Chris Ketter Queensland Yes
Kimberley Kitching Victoria Yes
Gavin Marshall Victoria Yes
Jenny McAllister NSW Yes
Malarndirri McCarthy NT Yes
Deborah O'Neill NSW Yes
David Smith ACT Yes
Glenn Sterle WA Yes
Anne Urquhart Tasmania Yes
Murray Watt Queensland Yes
Carol Brown Tasmania Absent
Kim Carr Victoria Absent
Jacinta Collins Victoria Absent
Patrick Dodson WA Absent
Don Farrell SA Absent
Kristina Keneally NSW Absent
Claire Moore Queensland Absent
Helen Polley Tasmania Absent
Louise Pratt WA Absent
Lisa Singh Tasmania Absent
Penny Wong SA Absent
Centre Alliance (0.0% turnout) Absent
Stirling Griff SA Absent
Rex Patrick SA Absent
Nigel Scullion NT Country Liberal Party Absent
Derryn Hinch Victoria Derryn Hinch's Justice Party Yes
Sue Lines WA Deputy President Yes
Fraser Anning Queensland Independent Yes
Lucy Gichuhi SA Independent Yes
Steve Martin Tasmania Independent Yes
Tim Storer SA Independent Yes
Fraser Anning Queensland Katter's Australian Party Absent
David Leyonhjelm NSW Liberal Democratic Party No
Liberal National Party (50% turnout) 1 Yes 0 No
Matthew Canavan Queensland Yes
James McGrath Queensland Absent
Liberal Party (59% turnout) 13 Yes 0 No
Simon Birmingham SA Yes
Slade Brockman WA Yes
David Bushby Tasmania Yes
Richard Colbeck Tasmania Yes
Jonathon Duniam Tasmania Yes
Concetta Fierravanti-Wells NSW Yes
Jane Hume Victoria Yes
Jim Molan NSW Yes
James Paterson Victoria Yes
Anne Ruston SA Yes
Zed Seselja ACT Yes
Dean Smith WA Yes
Amanda Stoker Queensland Yes
Eric Abetz Tasmania Absent
Michaelia Cash WA Absent
Mathias Cormann WA Absent
David Fawcett SA Absent
Mitch Fifield Victoria Absent
Ian Macdonald Queensland Absent
Marise Payne NSW Absent
Linda Reynolds WA Absent
Arthur Sinodinos NSW Absent
National Party (33% turnout) 1 Yes 0 No
Barry O'Sullivan Queensland Yes
Bridget McKenzie Victoria Absent
John Williams NSW Absent
Nick Xenophon Team (100% turnout) 2 Yes 0 No
Stirling Griff SA Yes
Rex Patrick SA Yes
Pauline Hanson's One Nation Party (50% turnout) 1 Yes 0 No
Peter Georgiou WA Yes
Pauline Hanson Queensland Absent
Scott Ryan Victoria President Absent
Brian Burston NSW United Australia Party Absent
Totals (63% turnout) 38 Yes – 10 No