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NSW lawyer leads call to protect ethnic groups from foreign interference and national security laws

The Chinese Community Council of Australia has warned that “thorny issues” emerging from two new bills brought before Federal Parliament should not be rushed and run the risk of “serious implications” for Chinese Australian and other ethnic communities.

user iconMelissa Coade 20 June 2018 Politics
NSW lawyer leads call to protect ethnic groups from foreign interference and national security laws
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Two newly proposed laws have drawn the attention of the Chinese Community Council of Australia (CCCA), who is urging that the parliamentary joint committee process not be rushed.

Sydney lawyer Kingsley Liu, who is also the vice president of the CCCA, said that while it was reassuring to see bipartisan efforts to deal with “thorny issues” raised by the Foreign Influence Transparency Scheme Bill 2017 (FITS Bill) and the National Security Legislation Amendment (Espionage and Foreign Interference) Bill 2017 (NSLA Bill), he remained concerned about the legislation.

Not least of Mr Liu’s concerns include the exposure of Chinese Australians under the proposed new FITS and NSLA laws. He said that vague definitions and the criminalisation of legal behaviour was confusing and that it would be difficult for people to know when they were breaching the law.  

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“I am concerned that Chinese Australians are the most exposed under the new legislation but also not readily able to understand the complex provisions of these bills,” Mr Liu said.

“Despite the proposed amendments, there are still outstanding issues with overly broad and vague definitions of key terms such as ‘national security’ and ‘foreign interference’. Both overt and covert behaviour [is] covered under these bills.

“FITS in particular requires self-registration (with criminal penalties) for what is otherwise totally legal behaviour.

“It is absolutely inappropriate that severe criminal penalties should be imposed even for non-covert behaviour, when the legislation is so vague that it will be impossible for people to know if they are complying or not.”

Last month, the CCCA hosted a forum at NSW Parliament House. The group plans to hold its next community forum event in Melbourne to discuss the rise of China, foreign influence and how its Chinese Australian community can organise to reach common objectives.

Mr Liu said that the Chinese Australian community accepted and celebrated their new home. In order to support national security, he suggested the government should be focusing its efforts on a robust multicultural policy and offered that approach as “Australia’s strongest means of supporting national security and dealing with adverse foreign interference”.

“A real multicultural policy of embracement, engagement and social cohesion is our best defence to foreign interference and foreign influence,” Mr Liu said.

“My start in Australia was the same as that of 1.2 million other Chinese Australians. After a few generations, our journeys converge to the same point. We all celebrated the Queen’s Birthday weekend together, mine like many was over a BBQ.

“My children have partners from other cultures … and there is the sole baby grand kid who loves everyone. We have gained our own true multicultural spirit that cannot be doubted or betrayed in any way. That is what will protect Australia, not imposing criminal penalties on ordinary behaviour.”

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