Revised Explanatory Memorandum
(Circulated by authority of the Attorney-General, the Honourable Christian Porter MP)NOTES ON CLAUSES
Preliminary
Clause 1 - Short title
1. This clause provides that when the Bill is enacted, it is to be cited as the National Security Legislation Amendment (Espionage and Foreign Interference) Act 2017.
Clause 2 - Commencement
2. This clause sets out when the various parts of the Act are to commence.
3. Item 1 of the table provides that sections 1 to 3 and anything else in the Act not elsewhere covered by the table in Clause 2 commence the day the Act receives Royal Assent.
4. Item 2 of the table provides that Schedule 1 (Treason, espionage, foreign interference and related offences) commences the day after the Act receives Royal Assent.
5. Item 3 of the table provides that Schedule 2 (Secrecy) commences on a single day to be fixed by Proclamation. However, if the provisions do not commence within the period of six months beginning on the day the Act receives Royal Assent, they commence on the day after the end of that period. Commencement by Proclamation is appropriate to ensure appropriate regulations can be made to support key definitions in Schedule 2 and to ensure that departments and agencies can provide appropriate information to staff and contractors about the new offences.
6. Item 4 of the table provides that Schedule 3 (Aggravated offence for giving false or misleading information) commences the day after the Act receives Royal Assent.
7. Item 5 of the table provides that Part 1 of Schedule 4 (Telecommunications serious offences) commences the day after the Act receives Royal Assent.
8. Item 6 of the table provides that Part 2 of Schedule 4 (Telecommunications serious offences) commences at the same time as Schedule 2 (covered by Item 3 of the table).
9. Item 7 of the table provides that Schedule 5, Part 1 commences at the same time as the Foreign Influence Transparency Scheme Act 2017 commences. If the Foreign Influence Transparency Scheme Act 2017 does not commence, then Part 1 of Schedule 5 will not commence at all.
10. Item 8 of the table provides that Schedule 5, Part 2 commences on the later of:
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- immediately after the commencement of the Foreign Influence Transparency Scheme Act 2017, and
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- immediately after the commencement of Part 1 of Schedule 1 to the Electoral Legislation Amendment (Electoral Funding and Disclosure Reform) Act 2017.
11. However, if both of the events listed above do not occur then Part 2 of Schedule 5 will not commence at all.
12. Item 9 of the table provides that Schedule 6 (Protection for persons providing information voluntarily to the Inspector-General) commences the day after the Act receives Royal Assent. Schedule 6 amends the Inspector-General of Intelligence and Security Act 1986 by introducing new immunities for persons who voluntarily provides information or documents to the IGIS for the disclose information to the IGIS for the purpose of:
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- making a complaint under Division 2 of Part II of the IGIS Act
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- an inspection conducted under section 9A of the IGIS Act
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- the IGIS conducting a preliminary inquiry into a complaint under section 14 of the IGIS Act, or
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- the IGIS conducting an inquiry under Division 3 of Part II.
Clause 3 - Schedules
13. This is a formal clause that enables the Schedules to amend Acts by including amendments under the title of the relevant Act.