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NATIONAL SECURITY LEGISLATION AMENDMENT (ESPIONAGE AND FOREIGN INTERFERENCE) ACT 2018 - NOTES

No. 67, 2018

Compilation No. 1

Compilation date:   10 December 2018

Includes amendments up to: Act No. 152, 2018

Registered:    19 December 2018

 

About this compilation

This compilation

This is a compilation of the National Security Legislation Amendment (Espionage and Foreign Interference) Act 2018 that shows the text of the law as amended and in force on 10 December 2018 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1--Treason, espionage, foreign interference and related offences

Part 1--Main amendments

Criminal Code Act 1995

Part 2--Consequential amendments

Aboriginal and Torres Strait Islander Act 2005

Australian Citizenship Act 2007

Australian Federal Police Act 1979

Commonwealth Electoral Act 1918

Crimes Act 1914

Criminal Code Act 1995

Foreign Evidence Act 1994

Migration Act 1958

Surveillance Devices Act 2004

Part 3--Review by Independent National Security Legislation Monitor

Independent National Security Legislation Monitor Act 2010

Schedule 2--Secrecy

Part 1--Secrecy of information

Crimes Act 1914

Criminal Code Act 1995

Part 2--Consequential amendments

Agricultural and Veterinary Chemicals (Administration) Act 1992

Archives Act 1983

Australian Citizenship Act 2007

Australian Crime Commission Act 2002

Australian Federal Police Act 1979

Chemical Weapons (Prohibition) Act 1994

Comprehensive Nuclear-Test-Ban Treaty Act 1998

Defence Home Ownership Assistance Scheme Act 2008

Freedom of Information Act 1982

Law Enforcement Integrity Commissioner Act 2006

Liquid Fuel Emergency Act 1984

Migration Act 1958

National Greenhouse and Energy Reporting Act 2007

Native Title Act 1993

Offshore Minerals Act 1994

Ombudsman Act 1976

Parliamentary Service Act 1999

Public Service Act 1999

Renewable Energy (Electricity) Act 2000

Textile, Clothing and Footwear Investment and Innovation Programs Act 1999

Schedule 3--Aggravated offence for giving false or misleading information

Criminal Code Act 1995

Schedule 4--Telecommunications serious offences

Part 1--Amendments commencing at the same time as Schedules 1 and 3 to this Act

Telecommunications (Interception and Access) Act 1979

Part 2--Amendments commencing at the same time as Schedule 2 to this Act

Telecommunications (Interception and Access) Act 1979

Schedule 5--Foreign influence transparency scheme

Part 1--Transitional provisions

Part 2--Amendments relating to the Electoral Legislation Amendment (Electoral Funding and Disclosure Reform) Act 2018

Foreign Influence Transparency Scheme Act 2018

Schedule 6--Protection for persons providing information voluntarily to the Inspector-General

Inspector-General of Intelligence and Security Act 1986

Endnotes

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Endnotes

Endnote 1--About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Abbreviation key--Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history--Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.

 

Endnote 2--Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub-subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev ... ) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub-Ch = Sub-Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3--Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

National Security Legislation Amendment (Espionage and Foreign Interference) Act 2018

67, 2018

29 June 2018

Sch 1, 3, Sch 4 (items 1, 2) and Sch 6: 30 June 2018 (s 2(1) items 2, 4, 5, 9)
Sch 2 and Sch 4 (item 3): awaiting commencement (s 2(1) items 3, 6)
Sch 5: 10 Dec 2018 (s 2(1) items 7, 8)
Remainder: 29 June 2018 (s 2(1) item 1)

 

Foreign Influence Transparency Scheme Legislation Amendment Act 2018

152, 2018

10 Dec 2018

Sch 1 (item 6): 10 Dec 2018 (s 2(1) item 1)

--

 

Endnote 4--Amendment history

 

Provision affected

How affected

Schedule 5

 

Part 1

 

item 1...................

rs No 152, 2018

 


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