Call for stronger laws on transnational repression and greater protection for public interest journalism

The Independent National Security Legislation Monitor (the Monitor), Jake Blight, has reviewed Australia's espionage, foreign interference, sabotage and theft of trade secrets offences and has made 20 recommendations aimed at making these laws more effective and proportionate. The Monitor's report was tabled in Parliament today.

A key finding is that our laws can do more to address the growing problem of transnational repression.

'Members of diaspora communities in Australia are increasingly being monitored, intimidated and coerced by foreign governments. Foreign powers are seeking to silence critics, interfere with democratic participation and pressure people in Australia through threats, harassment and coercion.'

'Our laws can and should do more to protect people in Australia from this conduct.'

The Monitor has recommended a new offence targeting coerced repatriation, where individuals are pressured into leaving Australia because of threats or coercion from a foreign power. The Monitor also recommends a new offence that would increase the penalty for any serious Commonwealth crime committed on behalf of, or at the direction of, a foreign principal.

The Monitor also said that some existing laws infringe unnecessarily on media freedom and recommended changes to ensure that public interest journalism and academic publication do not fall within espionage offences. The Monitor also recommends clarifying foreign interference offences so that confidentiality in the ordinary course of professional journalists doing their job does not bring that work within the scope of these offences.

'Australia needs strong espionage laws, but those laws should not inadvertently capture public interest journalism.'

'National security laws are meant to protect our democratic system, not undermine the freedoms that are central to it.'

'Strong national security laws and a free press are not competing objectives. Australia needs both.'

The Monitor recommends streamlining several offences, repealing provisions that no longer serve a useful purpose and reducing unnecessary overlap between offences.  He has also proposed replacing the current definition of national security with a clearer and more coherent definition focused on Australia's core national interests.

'These offences are intended to address some of the most serious threats facing Australia. They should be clear, targeted and capable of being used effectively in practice.'

'These are extremely complicated offences. After almost 8 years of operation, following an extended process of consultation with relevant agencies and civil society groups, I have identified that some offences are redundant, they do no more than add complexity and volume to the statute book.'

'Excessive complexity and redundant provisions do not make our law more effective.'

The Monitor has also recommended repealing certain preparatory offences, including preparatory foreign interference offences.

'Preparatory offences should be exceptional.'

'It is one thing to criminalise preparing for a very serious offence. It is another to criminalise preparing to prepare.'

'Some of the current preparatory offences extend criminal liability too far and are neither necessary nor proportionate.'

The report also recommends several changes to the espionage offences to ensure that they are targeted towards the most serious conduct to justify the maximum life imprisonment penalty. These changes will reduce overlap and provide a more proportionate set of cascading offences.

About the Monitor

The Monitor reviews the operation, effectiveness and implications of national security and counterterrorism laws. The Monitor's reviews consider whether the laws contain appropriate protections for individual rights, remain proportionate to terrorism or national security threats and remain necessary. The Monitor has access to all relevant material, regardless of national security classification, can compel answers to questions and hold public and private hearings. Reviews include extensive consultation and research. The Monitor's reports are tabled in Parliament.  

Mr Jake Blight was appointed as Monitor on 26 November 2023 for a three-year term. Mr Blight is the first full-time Monitor since the establishment of the role in 2010. See About INSLM

Further Information

Further details, submissions and the full report are available on the Independent National Security Legislation Monitor website.