Review of Australia’s espionage, foreign interference, sabotage and theft of trade secrets offences (Division 82 and Part 5.2 Criminal Code Act 1995)

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Authors: Derick Luong
Cited by: 0

Abstract

In this submission, I focus on the burden Australia's espionage offences pose for press freedom - primarily focusing on responding to these terms of reference: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 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 laws contain adequate safeguards and appropriate defence

Fields of Study & Subjects

Law Rights and Freedoms Criminal Law and Policy Criminal Law and Evidence

Publication details

Journal / source
UTS Figshare
Publication date
1 January 2026