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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017-2018
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Freedom of Speech Legislation
Amendment (Security) Bill 2018
No. , 2018
(Senator Leyonhjelm)
A Bill for an Act to amend laws restricting
disclosure of information, and for related purposes
No. , 2018
Freedom of Speech Legislation Amendment (Security) Bill 2018
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
4
Part 1--Main amendments
4
Australian Security Intelligence Organisation Act 1979
4
Crimes Act 1914
5
Criminal Code Act 1995
12
Part 2--Amendments if Schedule 3 to the Crimes Legislation
Amendment (Powers, Offences and Other Measures)
Bill 2017 not yet commenced
16
Crimes Act 1914
16
Part 3--Amendments if Schedule 3 to the Crimes Legislation
Amendment (Powers, Offences and Other Measures)
Bill 2017 commences
20
Crimes Act 1914
20
Part 4--Repeal of advocacy offences
22
Criminal Code Act 1995
22
No. , 2018
Freedom of Speech Legislation Amendment (Security) Bill 2018
1
A Bill for an Act to amend laws restricting
1
disclosure of information, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Freedom of Speech Legislation Amendment
5
(Security) Act 2018.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Freedom of Speech Legislation Amendment (Security) Bill 2018
No. , 2018
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1,
Part 1
The day after this Act receives the Royal
Assent.
3. Schedule 1,
Part 2
The day after this Act receives the Royal
Assent.
However, if Schedule 3 to the Crimes
Legislation Amendment (Powers, Offences
and Other Measures) Act 2017 commences
at or before that time, the provisions covered
by this table item do not commence at all.
4. Schedule 1,
Part 3
The later of:
(a) the day after this Act receives the Royal
Assent; and
(b) immediately after the commencement of
Schedule 3 to the Crimes Legislation
Amendment (Powers, Offences and Other
Measures) Act 2017.
However, if Schedule 3 to the Crimes
Legislation Amendment (Powers, Offences
and Other Measures) Act 2017 does not
commence, the provisions covered by this
table item do not commence at all.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
No. , 2018
Freedom of Speech Legislation Amendment (Security) Bill 2018
3
concerned, and any other item in a Schedule to this Act has effect
1
according to its terms.
2
Schedule 1 Amendments
4
Freedom of Speech Legislation Amendment (Security) Bill 2018
No. , 2018
Schedule 1--Amendments
1
2
Part 1--Main amendments
3
Australian Security Intelligence Organisation Act 1979
4
1 Subsections 35P(1) and (1A)
5
Repeal the subsections (not including the heading).
6
2 Subparagraphs 35P(1B)(e)(i) and (ii)
7
Omit "or prejudice the effective conduct of a special intelligence
8
operation".
9
3 Paragraph 35P(2)(c)
10
Omit "or prejudice the effective conduct of a special intelligence
11
operation".
12
4 Subparagraphs 35P(2A)(c)(i) and (ii)
13
Omit "or prejudice the effective conduct of a special intelligence
14
operation".
15
5 Subsection 35P(3)
16
Omit "Subsections (1)", substitute "Subsections (1B)".
17
6 After paragraph 35P(3)(g)
18
Insert:
19
; or (h) of information that had already been communicated, or made
20
available, to the public; or
21
(i) made reasonably, in good faith and in the public interest.
22
7 Subsection 35P(3A)
23
Repeal the subsection, substitute:
24
(3A) Subsections (1B), (2) and (2A) do not apply to a person disclosing
25
information if:
26
(a) the special intelligence operation authority granted to conduct
27
the special intelligence operation to which the information
28
relates is no longer in effect; and
29
Amendments Schedule 1
Main amendments Part 1
No. , 2018
Freedom of Speech Legislation Amendment (Security) Bill 2018
5
(b) the information does not relate to the identity of a participant
1
in the special intelligence operation; and
2
(c) the information concerns corruption or misconduct in relation
3
to the special intelligence operation; and
4
(d) at least 24 hours before the disclosure, the person notified the
5
Director-General, a Deputy Director-General or a senior
6
position-holder of the disclosure.
7
Note:
A defendant bears an evidential burden in relation to the matters in
8
subsection (3A)--see subsection 13.3(3) of the Criminal Code.
9
8 Subsection 35P(4)
10
Omit "(1),".
11
Crimes Act 1914
12
9 Subsection 3(1)
13
Insert:
14
entrusted person:
15
(a) for Part 1AAA (which deals with delayed notification search
16
warrants)--see section 3ZZAC; and
17
(b) for Part 1AB (which deals with controlled operations)--see
18
section 15GC; and
19
(c) for Part 1ABA (which deals with integrity testing)--see
20
section 15JC.
21
10 Section 3ZZAC
22
Insert:
23
entrusted person means:
24
(a) an eligible officer of an eligible agency involved with:
25
(i) seeking authorisation to make an application for a
26
delayed notification search warrant; or
27
(ii) applying for a delayed notification search warrant; or
28
(iii) executing, or otherwise exercising powers in relation to,
29
a delayed notification search warrant; or
30
(b) any of the following:
31
(i) the Commissioner or an AFP appointee (within the
32
meaning of the Australian Federal Police Act 1979);
33
Schedule 1 Amendments
Part 1 Main amendments
6
Freedom of Speech Legislation Amendment (Security) Bill 2018
No. , 2018
(ii) a member of the police force of a State or Territory;
1
(iii) a staff member (within the meaning of the Law
2
Enforcement Integrity Commissioner Act 2006) of the
3
Immigration and Border Protection Department;
4
(iv) the Chief Executive Officer of the ACC, a member of
5
the staff of the ACC (within the meaning of the
6
Australian Crime Commission Act 2002) or a person
7
appointed under subsection 46B(1) of that Act;
8
(v) a staff member (within the meaning of the Law
9
Enforcement Integrity Commissioner Act 2006) of the
10
Australian Commission for Law Enforcement Integrity;
11
or
12
(c) an officer or staff member of a government agency, or an
13
integrity agency for a State or Territory, with which the
14
Integrity Commissioner is jointly investigating a corruption
15
issue under subsection 26(2) of the Law Enforcement
16
Integrity Commissioner Act 2006, if a controlled operation
17
relates to the investigation; or
18
(d) an officer (within the meaning of section 35 of the
19
Ombudsman Act 1976); or
20
(e) a person who has entered into a contract, agreement or
21
arrangement with:
22
(i) a law enforcement agency; or
23
(ii) a government agency, or an integrity agency, mentioned
24
in paragraph (c); or
25
(iii) the Commonwealth Ombudsman;
26
(other than as a person mentioned in paragraphs (b) to (d)).
27
11 Subsection 3ZZHA(1)
28
Repeal the subsection, substitute:
29
Disclosures by entrusted persons
30
(1) A person commits an offence if:
31
(a) the person is, or has been, an entrusted person; and
32
(b) information came to the knowledge or into the possession of
33
the person in the person's capacity as an entrusted person;
34
and
35
(c) the person discloses the information; and
36
Amendments Schedule 1
Main amendments Part 1
No. , 2018
Freedom of Speech Legislation Amendment (Security) Bill 2018
7
(d) the information relates to:
1
(i) an application for a delayed notification search warrant;
2
or
3
(ii) the execution of a delayed notification search warrant;
4
or
5
(iii) a report under section 3ZZFA in relation to a delayed
6
notification search warrant; or
7
(iv) a warrant premises occupier's notice or an adjoining
8
premises occupier's notice prepared in relation to a
9
delayed notification search warrant; and
10
(e) either:
11
(i) the person intends to endanger the health or safety of
12
any person; or
13
(ii) the disclosure of the information will endanger the
14
health or safety of any person.
15
Note:
Recklessness is the fault element for paragraphs (1)(b) and (d) and
16
subparagraph (1)(e)(ii)--see section 5.6 of the Criminal Code.
17
Penalty: Imprisonment for 2 years.
18
(1A) Strict liability applies to paragraph (1)(a).
19
Note:
For strict liability, see section 6.1 of the Criminal Code.
20
Other disclosures
21
(1B) A person commits an offence if:
22
(a) the person discloses information; and
23
(b) the information relates to:
24
(i) an application for a delayed notification search warrant;
25
or
26
(ii) the execution of a delayed notification search warrant;
27
or
28
(iii) a report under section 3ZZFA in relation to a delayed
29
notification search warrant; or
30
(iv) a warrant premises occupier's notice or an adjoining
31
premises occupier's notice prepared in relation to a
32
delayed notification search warrant; and
33
(c) the disclosure will endanger the health or safety of any
34
person.
35
Schedule 1 Amendments
Part 1 Main amendments
8
Freedom of Speech Legislation Amendment (Security) Bill 2018
No. , 2018
Note:
Recklessness is the fault element for paragraphs (1B)(b) and (c)--
1
see section 5.6 of the Criminal Code.
2
Penalty: Imprisonment for 1 year.
3
(1C) A person commits an offence if:
4
(a) the person discloses information; and
5
(b) the information relates to:
6
(i) an application for a delayed notification search warrant;
7
or
8
(ii) the execution of a delayed notification search warrant;
9
or
10
(iii) a report under section 3ZZFA in relation to a delayed
11
notification search warrant; or
12
(iv) a warrant premises occupier's notice or an adjoining
13
premises occupier's notice prepared in relation to a
14
delayed notification search warrant; and
15
(c) either:
16
(i) the person intends to endanger the health or safety of
17
any person; or
18
(ii) the person knows that disclosure of the information will
19
endanger the health or safety of any person.
20
Note:
Recklessness is the fault element for paragraphs (1C)(b)--see
21
section 5.6 of the Criminal Code.
22
Penalty: Imprisonment for 2 years.
23
12 Subsection 3ZZHA(2)
24
Omit "offence created by subsection (1)", substitute "offences created
25
by subsections (1), (1B) and (1C)".
26
13 After paragraph 3ZZHA(2)(f)
27
Insert:
28
; (g) the disclosure is of information that had already been
29
communicated, or made available, to the public;
30
(h) the disclosure is made reasonably, in good faith and in the
31
public interest.
32
14 At the end of section 3ZZHA
33
Add:
34
Amendments Schedule 1
Main amendments Part 1
No. , 2018
Freedom of Speech Legislation Amendment (Security) Bill 2018
9
(3) Subsections (1), (1B) and (1C) do not apply if:
1
(a) the delayed notification search warrant to which the
2
information relates has expired; and
3
(b) the information does not relate to the identity of the applicant
4
for the warrant or the executing officer, or a person assisting,
5
in relation to the warrant; and
6
(c) the information concerns corruption or misconduct in relation
7
to the warrant; and
8
(d) the person notified a senior executive AFP employee of the
9
disclosure at least 24 hours before the disclosure.
10
Note:
A defendant bears an evidential burden in relation to the matters in
11
subsection (3)--see subsection 13.3(3) of the Criminal Code.
12
15 Section 15JC
13
Insert:
14
entrusted person means:
15
(a) a participant in an integrity testing operation; or
16
(b) any of the following:
17
(i) the Commissioner or an AFP appointee (within the
18
meaning of the Australian Federal Police Act 1979);
19
(ii) a member of the police force of a State or Territory;
20
(iii) a staff member (within the meaning of the Law
21
Enforcement Integrity Commissioner Act 2006) of the
22
Immigration and Border Protection Department;
23
(iv) the Chief Executive Officer of the ACC, a member of
24
the staff of the ACC (within the meaning of the
25
Australian Crime Commission Act 2002) or a person
26
appointed under subsection 46B(1) of that Act;
27
(v) a staff member (within the meaning of the Law
28
Enforcement Integrity Commissioner Act 2006) of the
29
Australian Commission for Law Enforcement Integrity;
30
or
31
(c) an officer or staff member of a government agency, or an
32
integrity agency for a State or Territory, with which the
33
Integrity Commissioner is jointly investigating a corruption
34
issue under subsection 26(2) of the Law Enforcement
35
Integrity Commissioner Act 2006, if a controlled operation
36
relates to the investigation; or
37
Schedule 1 Amendments
Part 1 Main amendments
10
Freedom of Speech Legislation Amendment (Security) Bill 2018
No. , 2018
(d) an officer (within the meaning of section 35 of the
1
Ombudsman Act 1976); or
2
(e) a person who has entered into a contract, agreement or
3
arrangement with:
4
(i) a law enforcement agency; or
5
(ii) a government agency, or an integrity agency, mentioned
6
in paragraph (c); or
7
(iii) the Commonwealth Ombudsman;
8
(other than as a person mentioned in paragraphs (b) to (d)).
9
16 Section 15JQ
10
Repeal the section.
11
17 Subsection 15JR(1)
12
Repeal the subsection (including the heading), substitute:
13
Disclosures by entrusted persons
14
(1) A person commits an offence if:
15
(a) the person is, or has been, an entrusted person; and
16
(b) information came to the knowledge or into the possession of
17
the person in the person's capacity as an entrusted person;
18
and
19
(c) the person discloses the information; and
20
(d) the information relates to an integrity testing operation; and
21
(e) either or both of the following subparagraphs apply:
22
(i) the person intends to endanger the health or safety of
23
any person;
24
(ii) the disclosure will endanger the health or safety of any
25
person.
26
Note:
Recklessness is the fault element for paragraphs (1)(b) and (d) and
27
subparagraph (1B)(e)(ii)--see section 5.6 of the Criminal Code.
28
Penalty: Imprisonment for 10 years.
29
(1A) Strict liability applies to paragraph (1)(a).
30
Note:
For strict liability, see section 6.1 of the Criminal Code.
31
Amendments Schedule 1
Main amendments Part 1
No. , 2018
Freedom of Speech Legislation Amendment (Security) Bill 2018
11
Other disclosures
1
(1B) A person commits an offence if:
2
(a) the person discloses information; and
3
(b) the information relates to an integrity testing operation; and
4
(c) the disclosure will endanger the health or safety of any
5
person.
6
Note:
Recklessness is the fault element for paragraphs (1B)(b) and (c)--see
7
section 5.6 of the Criminal Code.
8
Penalty: Imprisonment for 2 years.
9
(1C) A person commits an offence if:
10
(a) the person discloses information; and
11
(b) the information relates to an integrity testing operation; and
12
(c) either or both of the following subparagraphs apply:
13
(i) the person intends to endanger the health or safety of
14
any person;
15
(ii) the person knows that the disclosure will endanger the
16
health or safety of any person.
17
Note:
Recklessness is the fault element for paragraph (1C)(b)--see
18
section 5.6 of the Criminal Code.
19
Penalty: Imprisonment for 10 years.
20
18 Subsections 15JR(2) and (3)
21
Omit "Subsection (1) does not", substitute "Subsections (1), (1B) and
22
(1C) do not".
23
19 At the end of subsection 15JR(2)
24
Add:
25
; (h) the disclosure is of information that had already been
26
communicated, or made available, to the public; or
27
(i) the disclosure is made reasonably, in good faith and in the
28
public interest.
29
20 At the end of section 15JR
30
Add:
31
(4) Subsections (1), (1B) and (1C) do not apply if:
32
Schedule 1 Amendments
Part 1 Main amendments
12
Freedom of Speech Legislation Amendment (Security) Bill 2018
No. , 2018
(a) the authority for the integrity testing operation to which the
1
information relates is no longer in effect; and
2
(b) the information does not relate to the identity of a participant
3
in the integrity testing operation; and
4
(c) the information concerns corruption or misconduct in relation
5
to the warrant; and
6
(d) the person notified a SES employee in the ACC, AFP, Home
7
Affairs Department or Australian Commission for Law
8
Enforcement Integrity of the disclosure at least 24 hours
9
before the disclosure.
10
Note:
A defendant bears an evidential burden in relation to the matters in
11
subsection (3)--see subsection 13.3(3) of the Criminal Code.
12
Criminal Code Act 1995
13
21 At the end of section 105.39 of the Criminal Code
14
Add:
15
(11) Before a person has contact with a person being detained (the
16
detainee), the police officer who is detaining the detainee must
17
inform the person about the effect of subsection 105.41(3).
18
22 Subsection 105.41(1) of the Criminal Code
19
Repeal the subsection (including the heading).
20
23 After paragraph 105.41(2)(d) of the Criminal Code
21
Insert:
22
; and (e) either:
23
(i) the lawyer intends to endanger the health or safety of
24
any person; or
25
(ii) the lawyer knows that disclosure of the information will
26
endanger the health or safety of any person.
27
24 Paragraph 105.41(3)(c) of the Criminal Code
28
Repeal the paragraph, substitute:
29
(c) the parent/guardian has reason to believe that the other
30
person is not a person the detainee is entitled to have contact
31
with under section 105.39; and
32
Amendments Schedule 1
Main amendments Part 1
No. , 2018
Freedom of Speech Legislation Amendment (Security) Bill 2018
13
25 After paragraph 105.41(3)(e) of the Criminal Code
1
Insert:
2
; and (f) either:
3
(i) the parent/guardian intends to endanger the health or
4
safety of any person; or
5
(ii) the parent/guardian knows that disclosure of the
6
information will endanger the health or safety of any
7
person.
8
26 Subsections 105.41(4A) of the Criminal Code
9
Repeal the subsection.
10
27 After paragraph 105.41(4B)(b) of the Criminal Code
11
Insert:
12
; and (c) the other parent/guardian is not a person who the detainee is
13
entitled to contact under section 105.39;
14
28 Subsection 105.41(4B) of the Criminal Code
15
Omit "that senior AFP member may", substitute "that senior AFP
16
member must".
17
29 After paragraph 105.41(5)(c) of the Criminal Code
18
Insert:
19
; and (d) either:
20
(i) the interpreter intends to endanger the health or safety of
21
any person; or
22
(ii) the interpreter knows that disclosure of the information
23
will endanger the health or safety of any person.
24
30 Subparagraph 105.41(6)(b)(i) of the Criminal Code
25
Omit "subsection (1), (2), (3) or (5)", substitute "subsection (2), (3), (5)
26
or (6A)".
27
31 After paragraph 105.41(6)(d) of the Criminal Code
28
Insert:
29
; and (e) either:
30
(i) the disclosure recipient intends to endanger the health or
31
safety of any person; or
32
Schedule 1 Amendments
Part 1 Main amendments
14
Freedom of Speech Legislation Amendment (Security) Bill 2018
No. , 2018
(ii) the disclosure recipient knows that disclosure of the
1
information will endanger the health or safety of any
2
person.
3
32 After subsection 105.41(6) of the Criminal Code
4
Insert:
5
(6A) A person (the disclosure recipient) commits an offence if:
6
(a) a person (the earlier discloser) discloses to the disclosure
7
recipient:
8
(i) the fact that a preventative detention order has been
9
made in relation to a person; or
10
(ii) the fact that a person is being detained under a
11
preventative detention order; or
12
(iii) the period for which a person is being detained under a
13
preventative detention order; or
14
(iv) any information that a person who is being detained
15
under a preventative detention order communicates to a
16
person while the person is being detained under the
17
order; and
18
(b) the disclosure by the earlier discloser to the disclosure
19
recipient contravenes:
20
(i) subsection (2), (3), (5) or (6); or
21
(ii) this subsection; and
22
(c) the disclosure recipient discloses that information to another
23
person; and
24
(d) the disclosure by the disclosure recipient occurs while the
25
person referred to in subparagraph (a)(i), (ii), (iii) or (iv) is
26
being detained under the order; and
27
(e) the disclosure of the information will endanger the health or
28
safety of any person.
29
Penalty: Imprisonment for 2 years.
30
Note:
Recklessness is the fault element for paragraph (6A)(e)--see
31
section 5.6 of the Criminal Code.
32
(6B) Subsections (2), (3), (5), (6) and (6A) do not apply if the disclosure
33
was:
34
(a) of information that had already been communicated, or made
35
available, to the public; or
36
Amendments Schedule 1
Main amendments Part 1
No. , 2018
Freedom of Speech Legislation Amendment (Security) Bill 2018
15
(b) made reasonably, in good faith and in the public interest.
1
Note:
A defendant bears an evidential burden in relation to the matters in
2
subsection (6B) (see subsection 13.3(3)).
3
Schedule 1 Amendments
Part 2 Amendments if Schedule 3 to the Crimes Legislation Amendment (Powers,
Offences and Other Measures) Bill 2017 not yet commenced
16
Freedom of Speech Legislation Amendment (Security) Bill 2018
No. , 2018
Part 2--Amendments if Schedule 3 to the Crimes
1
Legislation Amendment (Powers, Offences
2
and Other Measures) Bill 2017 not yet
3
commenced
4
Crimes Act 1914
5
33 Section 15GC
6
Insert:
7
entrusted person means:
8
(a) a participant in a controlled operation; or
9
(b) any of the following:
10
(i) the Commissioner or an AFP appointee (within the
11
meaning of the Australian Federal Police Act 1979);
12
(ii) a member of the police force of a State or Territory;
13
(iii) a staff member (within the meaning of the Law
14
Enforcement Integrity Commissioner Act 2006) of the
15
Immigration and Border Protection Department;
16
(iv) the Chief Executive Officer of the ACC, a member of
17
the staff of the ACC (within the meaning of the
18
Australian Crime Commission Act 2002) or a person
19
appointed under subsection 46B(1) of that Act;
20
(v) a staff member (within the meaning of the Law
21
Enforcement Integrity Commissioner Act 2006) of the
22
Australian Commission for Law Enforcement Integrity;
23
or
24
(c) an officer or staff member of a government agency, or an
25
integrity agency for a State or Territory, with which the
26
Integrity Commissioner is jointly investigating a corruption
27
issue under subsection 26(2) of the Law Enforcement
28
Integrity Commissioner Act 2006, if a controlled operation
29
relates to the investigation; or
30
(d) an officer (within the meaning of section 35 of the
31
Ombudsman Act 1976); or
32
(e) a person who has entered into a contract, agreement or
33
arrangement with:
34
Amendments Schedule 1
Amendments if Schedule 3 to the Crimes Legislation Amendment (Powers, Offences
and Other Measures) Bill 2017 not yet commenced Part 2
No. , 2018
Freedom of Speech Legislation Amendment (Security) Bill 2018
17
(i) a law enforcement agency; or
1
(ii) a government agency, or an integrity agency, mentioned
2
in paragraph (c); or
3
(iii) the Commonwealth Ombudsman;
4
(other than as a person mentioned in paragraphs (b) to (d)).
5
34 Subsection 15HK(1)
6
Repeal the subsection, substitute:
7
Disclosures by entrusted persons
8
(1) A person commits an offence if:
9
(a) the person is, or has been, an entrusted person; and
10
(b) information came to the knowledge or into the possession of
11
the person in the person's capacity as an entrusted person;
12
and
13
(c) the person discloses the information; and
14
(d) the information relates to a controlled operation; and
15
(e) either or both of the following subparagraphs apply:
16
(i) the person intends to endanger the health or safety of
17
any person;
18
(ii) the disclosure will endanger the health or safety of any
19
person.
20
Note:
Recklessness is the fault element for paragraphs (1)(b) and (d) and
21
subparagraph (1)(e)(ii)--see section 5.6 of the Criminal Code.
22
Penalty: Imprisonment for 10 years.
23
(1A) Strict liability applies to paragraph (1)(a).
24
Note:
For strict liability, see section 6.1 of the Criminal Code.
25
Other disclosures
26
(1B) A person commits an offence if:
27
(a) the person discloses information; and
28
(b) the information relates to a controlled operation; and
29
(c) the disclosure will endanger the health or safety of any
30
person.
31
Note:
Recklessness is the fault element for paragraphs (1B)(b) and (c)--see
32
section 5.6 of the Criminal Code.
33
Schedule 1 Amendments
Part 2 Amendments if Schedule 3 to the Crimes Legislation Amendment (Powers,
Offences and Other Measures) Bill 2017 not yet commenced
18
Freedom of Speech Legislation Amendment (Security) Bill 2018
No. , 2018
Penalty: Imprisonment for 2 years.
1
(1C) A person commits an offence if:
2
(a) the person discloses information; and
3
(b) the information relates to a controlled operation; and
4
(c) either or both of the following subparagraphs apply:
5
(i) the person intends to endanger the health or safety of
6
any person;
7
(ii) the person knows that the disclosure will endanger the
8
health or safety of any person.
9
Note:
Recklessness is the fault element for paragraph (1C)(b)--see
10
section 5.6 of the Criminal Code.
11
Penalty: Imprisonment for 10 years.
12
35 Subsection 15HK(2)
13
Omit "Subsection (1) does", substitute "Subsections (1), (1B) and (1C)
14
do".
15
36 At the end of subsection15HK(2)
16
Add:
17
or; (f) of information that had already been communicated, or made
18
available, to the public; or
19
(g) made reasonably, in good faith and in the public interest.
20
37 Subsection 15HK(2A)
21
Omit "Subsection (1) does", substitute "Subsections (1), (1B) and (1C)
22
do".
23
38 Paragraph 15HK(2A)(a)
24
Omit "(e)", substitute "(g)".
25
39 Subsection 15HK(3)
26
Omit "Subsection (1) does", substitute "Subsections (1), (1B) and (1C)
27
do".
28
40 At the end of section 15HK
29
Add:
30
Amendments Schedule 1
Amendments if Schedule 3 to the Crimes Legislation Amendment (Powers, Offences
and Other Measures) Bill 2017 not yet commenced Part 2
No. , 2018
Freedom of Speech Legislation Amendment (Security) Bill 2018
19
(4) Subsections (1), (1B) and (1C) do not apply if:
1
(a) the authority for the controlled operation to which the
2
information relates is no longer in effect; and
3
(b) the information does not relate to the identity of a participant
4
in the controlled operation; and
5
(c) the information concerns corruption or misconduct in relation
6
to the warrant; and
7
(d) the person notified a senior executive AFP employee or an
8
SES employee in the ACC or Australian Commission for
9
Law Enforcement Integrity of the disclosure at least 24 hours
10
before the disclosure.
11
Note:
A defendant bears an evidential burden in relation to the matters in
12
subsection (4)--see subsection 13.3(3) of the Criminal Code.
13
41 Section 15HL
14
Repeal the section.
15
42 Subsections 15HV(2), (3) and (4)
16
Omit "or 15HL".
17
Schedule 1 Amendments
Part 3 Amendments if Schedule 3 to the Crimes Legislation Amendment (Powers,
Offences and Other Measures) Bill 2017 commences
20
Freedom of Speech Legislation Amendment (Security) Bill 2018
No. , 2018
Part 3--Amendments if Schedule 3 to the Crimes
1
Legislation Amendment (Powers, Offences
2
and Other Measures) Bill 2017 commences
3
Crimes Act 1914
4
43 Subsections 15HK(1) and 15HK(1A)
5
Repeal the subsections.
6
44 Subparagraphs 15HK(1B)(e)(i) and (ii)
7
Omit "or prejudice the effective conduct of a controlled operation".
8
45 Paragraph 15HK(1D)(c)
9
Omit "or prejudice the effective conduct of a controlled operation".
10
46 Subparagraphs 15HK(1E)(c)(i) and (ii)
11
Omit "or prejudice the effective conduct of a controlled operation".
12
47 Subsections 15HK(2), (2A) and (3)
13
Omit "Subsections (1) to", substitute "Subsections (1B) to".
14
48 At the end of subsection15HK(2)
15
Add:
16
or; (f) of information that had already been communicated, or made
17
available, to the public; or
18
(g) made reasonably, in good faith and in the public interest.
19
49 Paragraph 15HK(2A)(a)
20
Omit "(e)", substitute "(g)".
21
50 Subsection 15HK(4)
22
Repeal the subsection, substitute:
23
(4) Subsections (1B) to (1E) do not apply if:
24
(a) the authority for the controlled operation to which the
25
information relates is no longer in effect; and
26
Amendments Schedule 1
Amendments if Schedule 3 to the Crimes Legislation Amendment (Powers, Offences
and Other Measures) Bill 2017 commences Part 3
No. , 2018
Freedom of Speech Legislation Amendment (Security) Bill 2018
21
(b) the information does not relate to the identity of a participant
1
in the controlled operation; and
2
(c) the information concerns corruption or misconduct in relation
3
to the warrant; and
4
(d) the person notified a senior executive AFP employee or an
5
SES employee in the ACC or Australian Commission for
6
Law Enforcement Integrity of the disclosure at least 24 hours
7
before the disclosure.
8
Note:
A defendant bears an evidential burden in relation to the matters in
9
subsection (4)--see subsection 13.3(3) of the Criminal Code.
10
Schedule 1 Amendments
Part 4 Repeal of advocacy offences
22
Freedom of Speech Legislation Amendment (Security) Bill 2018
No. , 2018
Part 4--Repeal of advocacy offences
1
Criminal Code Act 1995
2
51 Section 80.2C of the Criminal Code
3
Repeal the section.
4
52 Section 80.2D of the Criminal Code
5
Repeal the section.
6