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Independent National Security Legislation Monitor

Independent National Security Legislation Monitor

The Independent National Security Legislation Monitor (‘the Monitor’) is a statutory office holder who independently reviews Australia’s national security and counter-terrorism laws and can make recommendations for law reform. Law making and law reform are inherently public processes, and the Monitor invites members of civil society groups, the media, government and non-government organisations and the wider community to provide submissions to reviews.

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Secrecy Offences – Review of Part 5.6 of the Criminal Code Act 1995

Secrecy Offences – Review of Part 5.6 of the Criminal Code Act 1995

On 27 June 2024 the Monitor’s report on the review of the secrecy offences in Part 5.6 of the Criminal Code Act 1995 was tabled in parliament. The report makes 15 recommendations for change. Key recommendations include: removing reliance on ‘security classification’ alone as the basis for an offence; narrowing offences applicable to security and intelligence agency information to focus on covert intelligence activities; and, repealing certain offences that currently apply to people who do not work for the government, such as journalists.

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The INSLM review of secrecy offences in the Criminal Code has been released. It includes 15 recommendations. Issues identified include significant uncertainty about the scope of some offences, conflict with rule of law principles and problems with the proportionality of some offences.