Review of Australia’s espionage, foreign interference, sabotage and theft of trade secrets offences (Division 82 and Part 5.2 Criminal Code Act 1995)
In February 2025, the Independent National Security Legislation Monitor (the Monitor) commenced a review into Australia’s espionage, foreign interference, sabotage and theft of trade secrets offences (Division 82 and Part 5.2 of the Criminal Code Act 1995 (Cth) (Criminal Code)). The Monitor is required to review these provisions in accordance with s 6(1B)(a)-(b) of the Independent National Security Legislation Monitor Act 2010 (Cth) (INSLM Act).
Division 82 of the Criminal Code contains offences of committing sabotage, planning or preparing a sabotage offence, and for introducing a vulnerability into ‘public infrastructure’.
Part 5.2 of the Criminal Code contains offences for espionage (Division 91), foreign interference (Division 92), and theft of trade secrets (Division 92A). Part 5.2 also contains provisions relating to prosecutions and hearings of these offences, and the forfeiture of articles used in offending against the Part (Divisions 93 and 94).
Key Issues
The Monitor has released an Issues Paper (available below from the ‘Document’ drop-down menu below) to explain key issues being considered in the review. These include:
- The current threat environment and what evidence there is that the offences have played a role in mitigating that threat as well as any evidence the laws have had unintended consequences including on academic collaboration and press freedom.
- Whether the laws are consistent with international human rights and security obligations.
- Whether key terms underpinning the offence are clear and appropriately scoped (particularly the definitions of 'national security', 'foreign principal' and ‘deal’).
- Whether the offences themselves are appropriately constructed, with certain and clear elements that are necessary and proportionate.
- Whether the preparatory offences (for sabotage, espionage and foreign interference) are appropriate.
- Whether the laws contain adequate safeguards and appropriate defences.
Submitters are welcome to raise other issues associated with the operation, effectiveness and necessity of the offences under review as well as the safeguards for protecting individual rights and compliance with Australia’s international obligations.
Submissions
Anyone interested in making a submission to this review may do so. Submissions close on 20 June 2025.
For further information on making submissions, please see Making submissions.
Documents
Issues paper
Research
Review Process
We will review and consider all submissions received by the due date. The Monitor and INSLM staff have already had a number of meetings with including government agencies, civil society groups, industry groups and academics – and will continue to do so throughout the review. The Monitor will likely hold public hearings in August (subject to the outcomes and response to the Issues Paper). Some private hearings with government agencies and roundtable meetings may also be held. Summaries of private hearings and roundtable meetings will be made available on the INSLM website.
Once enough information has been gathered and analysed the Monitor will prepare a report for the Attorney-General. This report will be tabled in parliament.