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LCA welcomes proposed amendments to controversial espionage laws
Concerns raised by the legal profession on proposed espionage and foreign interference laws have been heard, with the federal government moving to modify the legislation.
Emma Musgrave
The Law Council of Australia has welcomed reports that the federal government is moving to alter its proposed espionage and foreign interference laws in line with some of the concerns raised by the legal profession and others, calling it a “positive first step”.
The LCA and other industry bodies spoke up about their concerns, prompting the government to introduce proposed amendments for the espionage and foreign interference laws.
According to reports, the LCA noted, the government proposes to “narrow definitions applying to Commonwealth officers to ‘conduct that would cause harm to Australia's interests’, as well as the definitions of harmful information; narrow the offence applied to non-Commonwealth officers to only be applicable to ‘the most serious and dangerous’ conduct; and allow journalists to defend their reporting on the basis that they ‘reasonably believe’ it was in the public interest, and not a requirement to prove it was ‘fair and accurate’.”
LCA president Morry Bailes explained that while the legal body needs to thoroughly review the government’s proposed changes, the reported shift is a step in the right direction.
“The Law Council’s greatest concern is with the depth and breadth of the provisions and the unintended consequences that flow from them,” Mr Bailes said.
“Although these amendments do not allay all of the Law Council’s concerns, and more work is certainly needed, these initial amendments all appear to be positive.
“The government’s intention to narrow some of the critical definitions is particularly welcome and something that the Law Council has strongly recommended.”
Mr Bailes added that the LCA also supports attempts to narrow the scope of laws in relation to non-Commonwealth officers.
“However, it is essential that there be an express ‘harm’ requirement inserted into the legislation, to absolutely ensure that the offences only apply to the most serious and dangerous conduct,” he said.
“We still have a considerable way to go and we look forward to continuing to work closely with government, and Parliament, to get these important measures right.”
Emma Musgrave
Emma Musgrave (née Ryan) is the managing editor, professional services at Momentum Media.
Emma has worked for Momentum Media since 2015, including five years spent as the editor of the company's legal brand - Lawyers Weekly. Throughout her time at Momentum, she has been responsible for breaking some of the biggest stories in corporate Australia. In addition, she has produced exclusive multimedia and event content related to the company's respective brands and audiences.
Prior to joining Momentum Media, Emma worked in breakfast radio, delivering news to the Central West region of NSW, before taking on a radio journalist role at Southern Cross Austereo, based in Townsville, North Queensland.
She holds a Bachelor of Communications (Journalism) degree from Charles Sturt University.
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