Espionage, Foreign Interference and Related Offences

On 23 July 2026, the Attorney-General tabled in Parliament the report of the INSLM: Espionage, Foreign Interference and Related Offences: Review of Division 82 and Part 5.2 of the Criminal Code Act 1995 (Cth). These laws criminalise espionage, foreign interference, sabotage, theft of trade secrets and related conduct that threatens Australia's national security and sovereignty. Together, they comprise more than 25 offences which are also some of the most serious offences on the statute book carrying a maximum penalty of life imprisonment. These are extremely complex offences. The review considered the operation, effectiveness and implications of the offences and related provisions. It also assessed whether the laws remain necessary and proportionate, contain appropriate safeguards for protecting rights and comply with Australia's international obligations.

The final report makes 20 recommendations to simplify and strengthen Australia’s espionage, foreign interference and related offences. The review found that while most offences remain necessary in light of a significant and growing threat from foreign actors, aspects of the current framework are unnecessarily complex, overly broad or redundant and require reform to improve effectiveness, certainty and proportionality.

Key recommendations include: reforming the definition of national security; ensuring espionage offences are targeted towards the most serious conduct; introducing new offences to better address transnational repression, including coerced repatriation; clarifying the scope of foreign interference and sabotage offences; ensuring public interest journalism and academic publication are not unintentionally captured by espionage offences; and repealing certain preparatory and redundant offences.