Explainer: Here's what you need to know about the Government's foreign interference laws

Updated January 24, 2018 13:08:21

The Federal Government has announced a major shake-up of intelligence and espionage laws to limit foreign interference in our political system.

These laws haven't been formally debated yet, but media companies, charities, lawyers, universities and intelligence watchdogs have already raised concerns.

This will be a hot political issue this year so here's your cheat sheet:

Why has this been announced?

Australia's intelligence agencies have been sounding the alarm on foreign interference for years and a number of scandals have prompted action.

They've warned major political parties about the dangers of accepting donations from businessmen linked to the Chinese Community Party.

While the Prime Minister referred to "disturbing reports about Chinese influence" when he announced the laws, he insists they aren't aimed at one particular country.

He's warned attempts to influence Australian politics have become sophisticated and covert.

Put simply, the Government doesn't believe it has the legal powers to counter this threat and wants "new laws for a new time".

"They will protect our way of life," Mr Turnbull said.

"They will protect and strengthen our democracy".

So what's been proposed?

Foreign political donations will be banned. Only Australians and companies registered in Australia will be able to donate to political parties.

There'd be a "foreign influence transparency scheme". That's really just a list of lobbyists working for a foreign power with the intent of changing Government policy.

Being on the list isn't a crime, but those who fail to reveal foreign links will be committing an offence.

The legal definition of espionage will be expanded as it doesn't cover behaviour the Government considers harmful to national security.

It would be a criminal offence to receive classified information without authorisation. Until now, it's only been a crime to share that information.

The definitions of sabotage, treason, treachery and secrecy offences will be expanded.

If you damage Commonwealth infrastructure in collusion with a foreign power, you'll face jail time.

If you steal trade secrets and pass them on to foreign agents, you'll be committing an offence. This could make disclosing Australia's foreign policy interests a crime.

If you knowingly give false or misleading information while applying for a Government security clearance, you'll face harsher penalties than currently imposed.

Who has concerns?

Charities and research organisations say they could be unable to continue their work if they receive foreign funds. The Government disputes this point.

Australia's largest media companies say the new espionage definition could see journalists thrown in jail for possessing sensitive information that's in the national interest.

Universities Australia is worried the laws could stop research collaborations with overseas institutions. The Chinese Government has partnered in many Australian research developments.

The Law Council of Australia warns it is opposed to the new espionage definition, wants more clarity about sentencing and says some aspects of the legislation are too broad.

The Inspector General of Intelligence and Security — which makes sure ASIO complies with the law — says its investigators could be breaching the law for doing their job.

The Chinese Embassy in Canberra has also condemned the laws, saying they have no intention of interfering with Australia's internal affairs.

The Government hasn't had a chance to respond to all of these concerns — outlined in recent parliamentary submissions — but is expected to do so during formal debate.

Topics: government-and-politics, federal-government, security-intelligence, defence-and-national-security, australia

First posted January 24, 2018 11:58:06

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