All changes made to the description and title of this division.

View division | Edit description

Change Division
senate vote 2018-06-28#11

Edited by mackay

on 2018-07-13 14:28:28

Title

  • Bills — National Security Legislation Amendment (Espionage and Foreign Interference) Bill 2018; in Committee
  • National Security Legislation Amendment (Espionage and Foreign Interference) Bill 2018 - in Committee - Freedom of speech

Description

  • <p class="speaker">Sue Lines</p>
  • <p>I am advised that Senator McKim intends to put the amendments as circulated, and if that goes ahead then it is my intention, if a division is required, to ring the bells for one minute.</p>
  • <p class="speaker">Nick McKim</p>
  • The majority voted against [amendments](https://www.openaustralia.org.au/senate/?gid=2018-06-28.373.1) introduced by Greens Senator [Nick McKim](https://theyvoteforyou.org.au/people/senate/tasmania/nick_mckim), which means they failed.
  • The amendments would have added a number of defences to the bill that relate to freedom of speech, the public interest, artistic expression and the right to protest.
  • ### What does this bill do?
  • This [bill](http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r6022) 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](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1718a/18bd134).
  • <p>by leave&#8212;I move amendments (1) to (7) on sheet 8482, together:</p>
  • <p class="italic">(1) Schedule 1, item 8, page 14 (after line 9), at the end of section 82.10 of the <i>Criminal Code</i>, add:</p>
  • <p class="italic">(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:</p>
  • <p class="italic">(a) a law in force in the Commonwealth or in a State or Territory;</p>
  • <p class="italic">(b) a proposed law of the Commonwealth or of a State or Territory;</p>
  • <p class="italic">(c) a policy of the Commonwealth Government or of a State or Territory government;</p>
  • <p class="italic">(d) a decision or action, or proposed decision or action, of a public official;</p>
  • <p class="italic">(e) a decision or action of a member of:</p>
  • <p class="italic">&#160;&#160;(i) the Parliament of the Commonwealth; or</p>
  • <p class="italic">&#160;&#160;(ii) a parliament of a State; or</p>
  • <p class="italic">&#160;&#160;(iii) the legislative assembly of a Territory;</p>
  • <p class="italic">(f) the outcome of an election or similar political process.</p>
  • <p class="italic">Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3)).</p>
  • <p class="italic">(2) Schedule 1, item 8, page 30 (after line 7), at the end of section 91.4 of the <i>Criminal Code</i>, add:</p>
  • <p class="italic">(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:</p>
  • <p class="italic">(a) making or reporting a statement in the public interest or for an artistic or academic purpose; or</p>
  • <p class="italic">(b) contributing to a discussion or debate that is of public interest or has an artistic or academic purpose; or</p>
  • <p class="italic">(c) making or publishing a report of an event, or matter, of public interest; or</p>
  • <p class="italic">(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.</p>
  • <p class="italic">Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3)).</p>
  • <p class="italic">(3) Schedule 1, item 8, page 34 (after line 7), at the end of section 91.9 of the <i>Criminal Code</i>, add:</p>
  • <p class="italic">(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:</p>
  • <p class="italic">(a) making or reporting a statement in the public interest or for an artistic or academic purpose; or</p>
  • <p class="italic">(b) contributing to a discussion or debate that is of public interest or has an artistic or academic purpose; or</p>
  • <p class="italic">(c) making or publishing a report of an event, or matter, of public interest; or</p>
  • <p class="italic">(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.</p>
  • <p class="italic">Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3)).</p>
  • <p class="italic">(4) Schedule 1, item 8, page 36 (line 2), before "It", insert "(1)".</p>
  • <p class="italic">(5) Schedule 1, item 8, page 36 (after line 11), at the end of section 91.13 of the <i>Criminal Code</i>, add:</p>
  • <p class="italic">(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:</p>
  • <p class="italic">(a) making or reporting a statement in the public interest or for an artistic or academic purpose; or</p>
  • <p class="italic">(b) contributing to a discussion or debate that is of public interest or has an artistic or academic purpose; or</p>
  • <p class="italic">(c) making or publishing a report of an event, or matter, of public interest; or</p>
  • <p class="italic">(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.</p>
  • <p class="italic">Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3)).</p>
  • <p class="italic">(6) Schedule 1, item 8, page 40 (line 25), before "It", insert "(1)".</p>
  • <p class="italic">(7) Schedule 1, item 8, page 40 (after line 32), at the end of section 92.5 of the <i>Criminal Code</i>, add:</p>
  • <p class="italic">(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:</p>
  • <p class="italic">(a) making or reporting a statement in the public interest or for an artistic or academic purpose; or</p>
  • <p class="italic">(b) contributing to a discussion or debate that is of public interest or has an artistic or academic purpose; or</p>
  • <p class="italic">(c) making or publishing a report of an event, or matter, of public interest; or</p>
  • <p class="italic">(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.</p>
  • <p class="italic">Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3)).</p>
  • <p>The CHAIR: The question is that the amendments as moved by Senator McKim be agreed to.</p>