National Security Legislation Amendment (Espionage and Foreign Interference) Act 2018

Administered by Attorney-General's Department

Legislation au C2018A00067 In force Act

Legislation content

National Security Legislation Amendment (Espionage and Foreign Interference) Act 2018

No. 67, 2018

Compilation No. 1

Compilation date:   10 December 2018

Includes amendments up to: Act No. 152, 2018

Registered:    19 December 2018

 

About this compilation

This compilation

This is a compilation of the National Security Legislation Amendment (Espionage and Foreign Interference) Act 2018 that shows the text of the law as amended and in force on 10 December 2018 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Treason, espionage, foreign interference and related offences

Part 1—Main amendments

Criminal Code Act 1995

Part 2—Consequential amendments

Aboriginal and Torres Strait Islander Act 2005

Australian Citizenship Act 2007

Australian Federal Police Act 1979

Commonwealth Electoral Act 1918

Crimes Act 1914

Criminal Code Act 1995

Foreign Evidence Act 1994

Migration Act 1958

Surveillance Devices Act 2004

Part 3—Review by Independent National Security Legislation Monitor

Independent National Security Legislation Monitor Act 2010

Schedule 2—Secrecy

Part 1—Secrecy of information

Crimes Act 1914

Criminal Code Act 1995

Part 2—Consequential amendments

Agricultural and Veterinary Chemicals (Administration) Act 1992

Archives Act 1983

Australian Citizenship Act 2007

Australian Crime Commission Act 2002

Australian Federal Police Act 1979

Chemical Weapons (Prohibition) Act 1994

Comprehensive Nuclear‑Test‑Ban Treaty Act 1998

Defence Home Ownership Assistance Scheme Act 2008

Freedom of Information Act 1982

Law Enforcement Integrity Commissioner Act 2006

Liquid Fuel Emergency Act 1984

Migration Act 1958

National Greenhouse and Energy Reporting Act 2007

Native Title Act 1993

Offshore Minerals Act 1994

Ombudsman Act 1976

Parliamentary Service Act 1999

Public Service Act 1999

Renewable…

Overview

The National Security Legislation Amendment (Espionage and Foreign Interference) Act 2018 (Cth) was enacted to address the identified gaps in Australia's national security legislation concerning espionage, foreign interference, and related offences. The Act was passed by the Parliament of Australia, and it amends various existing laws to strengthen the legal framework against espionage, sabotage, foreign interference, and other related threats to national security. The primary policy objective of the Act is to enhance Australia's ability to prevent, detect, and respond to espionage and foreign interference activities that could harm the nation's security interests.

Scope and Application

The National Security Legislation Amendment (Espionage and Foreign Interference) Act 2018 is an Australian Commonwealth Act that amends the Criminal Code Act 1995 and other related Acts to strengthen Australia's national security provisions against espionage, foreign interference, and related offences. The Act applies to all individuals and entities within Australia, as well as Australian citizens and residents abroad, who engage in conduct that falls within the scope of the amended provisions. The Act also extends its application to foreign nationals and entities acting on behalf of foreign governments or organisations, when such conduct affects Australia's national security interests. Exclusions or thresholds are not explicitly stated in the Act, but certain defences and exemptions are provided in specific provisions, such as the good faith defence for public officials or the lawful exchange of information under an arrangement or agreement. The Act may be further extended or restricted through subordinate instruments, such as regulations or orders made under the authority of the Act or related legislation. Overall, the Act represents a significant expansion of Australia's legal framework for countering espionage and foreign interference, and reflects the growing concerns about the threats posed by foreign actors to Australia's national security.

Key Provisions

  • The National Security Legislation Amendment (Espionage and Foreign Interference) Act 2018 amends several existing pieces of legislation, including the Criminal Code Act 1995, to strengthen Australia's laws against espionage, foreign interference, and related offences. The Act introduces new offences and penalties to address threats to Australia's national security from espionage activities, foreign interference, and the theft of trade secrets. The Act also makes consequential amendments to other legislation to reflect these changes.
  • Key provisions of the Act include the following:
  • 1. Treason and related offences: The Act amends the Criminal Code Act 1995 to redefine treason and introduce new offences related to assisting an enemy engaged in armed conflict, treachery, and sabotage. These offences carry severe penalties, including imprisonment for life.
  • 2. Espionage and related offences: The Act introduces new offences related to espionage, including dealing with information or articles concerning national security, espionage on behalf of a foreign principal, and soliciting or procuring an espionage offence. These offences also carry severe penalties, including imprisonment for life.
  • 3. Foreign interference: The Act introduces new offences related to foreign interference, including intentional and reckless foreign interference, preparing for a foreign interference offence, and knowingly or recklessly supporting a foreign intelligence agency. These offences carry penalties ranging from imprisonment for 10 years to imprisonment for 20 years.
  • 4. Theft of trade secrets involving a foreign government principal: The Act introduces a new offence related to the theft of trade secrets involving a foreign government principal, which carries a penalty of imprisonment for 15 years.
  • 5. Secrecy of information: The Act introduces new offences related to the secrecy of information, including communicating or dealing with inherently harmful information, causing harm to Australia's interests, and unauthorised disclosure of information by current and former Commonwealth officers. These offences carry penalties ranging from imprisonment for 2 years to imprisonment for 7 years.
  • 6. Aggravated offence for giving false or misleading information: The Act introduces a new offence for giving false or misleading information in relation to an application for, or the maintenance of, an Australian Government security clearance, which carries a penalty of imprisonment for 5 years.
  • 7. Protection for persons providing information voluntarily to the Inspector-General: The Act provides protection for persons who voluntarily provide information or documents to the Inspector-General of Intelligence and Security, subject to certain exceptions.
  • The Act imposes obligations and requirements on individuals and entities to comply with the new offences and penalties. Failure to comply with these requirements may result in criminal liability and severe penalties. The Act also provides certain defences and exceptions to liability in specific circumstances.
  • The Act includes provisions for the review of its provisions by the Independent National Security Legislation Monitor and the Foreign Influence Transparency Scheme, which aim to ensure that the Act's provisions are proportionate and necessary to address the identified threats to Australia's national security.

Legal classification tags

Area of Law
National Security Law
Criminal Law
Espionage and Foreign Interference
Instrument
Act
Concepts
Commencement Provisions
Offence Provisions
Civil Penalty Provisions
Enforcement Powers
Licensing & Registration
Reporting & Disclosure Obligations
Transitional Provisions
Delegated & Subordinate Legislation
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.