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