Lexi Webster
In Australia, espionage and foreign interference are considered serious threats to national interests, including political systems, military capabilities, trade, and economic interests. To combat these threats, the Australian Government introduced the National Security Amendment (Espionage and Foreign Interference) Act 2018 (EFI Act), which amended existing offences and introduced new ones related to espionage. This act criminalises various activities, including covert, deceptive, or threatening actions that aim to interfere with democratic processes or support foreign intelligence activities. With the EFI Act in place, it is clear that corporate espionage, which involves the handling of sensitive information, would fall under illegal activities in Australia.
| Characteristics | Values |
|---|---|
| Year of introduction of the National Security Amendment (Espionage and Foreign Interference) Act | 2018 |
| Month of introduction of the National Security Amendment (Espionage and Foreign Interference) Act | June |
| Organisations that co-lead the Counter Foreign Interference Taskforce | Australian Federal Police, Australian Security Intelligence Organisation |
| Other members of the Counter Foreign Interference Taskforce | Australian Transaction Reports and Analysis Centre, Office of National Intelligence |
| Hotline to call if you have witnessed or been a target of espionage or foreign interference in Australia | 1800 123 400 |
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What You'll Learn
The National Security Amendment (Espionage and Foreign Interference) Act 2018
In June 2018, the Australian government introduced the National Security Amendment (Espionage and Foreign Interference) Act 2018 (EFI Act) to address the increasing threat of foreign interference. The EFI Act amended existing offences in the Criminal Code Act 1995 and introduced new espionage-related offences. This legislation compilation, effective as of 10 December 2018, details the law as amended and in force on that date.
Espionage and foreign interference pose serious threats to Australia's national interests, encompassing political systems, military capabilities, trade, economic interests, intellectual property, community safety, and democratic freedoms. Foreign governments may attempt to pressure and manipulate Australian entities, including governments, businesses, decision-makers, and communities, to advance their own political, economic, and commercial interests.
The EFI Act specifically targets covert, deceptive, or threatening activities by individuals or entities intending to interfere with Australia's democratic systems and processes. It also criminalises supporting the intelligence activities of a foreign government. Espionage involves the handling and communication of sensitive information to foreign governments, which can cause harm to Australia's national interests or benefit those of foreign nations.
Foreign interference, distinct from routine diplomatic influence, is characterised by its hostility towards Australian sovereignty, values, and national interests, and its clandestine nature. It is conducted by or on behalf of a foreign government and may involve coercive, deceptive, or clandestine activities. The Counter Foreign Interference Taskforce, co-led by the Australian Federal Police (AFP) and the Australian Security Intelligence Organisation (ASIO), is responsible for investigating, disrupting, and prosecuting EFI-related activities.
This legislation compilation provides details of the EFI Act, including amendments and endnotes. It is important to note that if the compiled law is modified by another law, the modification does not change the text of the compiled law. Any uncommenced amendments can be found on the Legislation Register. The endnotes offer valuable information on the amendment history, commencement details for amending laws, and any repeals to the compiled law.
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Covert and deceptive activities
Corporate espionage, or espionage and foreign interference as it is referred to in Australian federal law, is a serious threat to Australia's national interests. It involves defence, political, foreign relations, security-classified information, and industrial or commercial information that affects Australia's national security. Foreign interference is often carried out by a foreign government or its proxy, and it intends to benefit their own political, economic, and commercial interests.
In June 2018, the Australian government introduced the National Security Amendment (Espionage and Foreign Interference) Act 2018 (EFI Act) to address the growing challenge of foreign interference. This Act amended existing offences and introduced new ones related to espionage.
The EFI Act criminalises covert and deceptive activities by persons intending to interfere with Australia's democratic systems and processes. Covert and deceptive activities are those that are carried out in a secretive and misleading manner. This includes obtaining information or supporting the intelligence activities of a foreign government, which can cause harm to Australia's national interests.
Covert activities are those that are intentionally hidden or done in secret. This could involve, for example, stealing confidential information without the knowledge of the owner or conducting surveillance using hidden cameras or listening devices. Deceptive activities, on the other hand, involve misleading or providing false information to conceal the true nature of the activity. This could include impersonating someone to gain access to restricted areas or creating fake identities to infiltrate a company or organisation.
The EFI Act ensures that those who engage in such activities are held accountable and can be prosecuted for their actions. It is important for individuals and organisations to be vigilant and report any suspected espionage or foreign interference to the authorities, as the secretive nature of these activities can make them difficult to detect.
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Supporting foreign intelligence activities
Espionage and foreign interference are serious threats to Australia's national interests, including political systems, military capabilities, trade and economic interests, intellectual property, community safety, and democratic freedoms. To combat these threats, the Australian Government introduced the National Security Amendment (Espionage and Foreign Interference) Act 2018 (EFI Act), which amended existing offences in the Criminal Code Act 1995 and introduced new espionage-related offences. One of the criminalised actions under the EFI Act is supporting the intelligence activities of a foreign government.
The Australian government has agencies dedicated to countering foreign interference and protecting Australia's security and interests. The Australian Federal Police (AFP) co-leads the Counter Foreign Interference Taskforce with the Australian Security Intelligence Organisation (ASIO). The task force includes members from various agencies, such as the Australian Transaction Reports and Analysis Centre (AUSTRAC) and the Office of National Intelligence. They work together to investigate, disrupt, and prosecute EFI-related activities.
Additionally, Australia has an overseas secret intelligence agency called the Australian Secret Intelligence Service (ASIS) or ASIO. ASIS collects and distributes foreign intelligence to protect and promote Australia's interests. ASIS employs individuals from diverse backgrounds and skill sets, offering attractive salaries and workplace learning opportunities. ASIS is authorised to conduct intelligence collection activities involving Australians, but only under limited circumstances and with Ministerial authorisation.
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Harming national interests
Corporate espionage, or espionage and foreign interference as it is referred to in Australian federal law, is a serious threat to Australia's national interests. The Australian Federal Police (AFP) defines espionage as dealing with information and communicating it to a foreign government. This can cause harm to Australia's national interests and advance the national interests of a foreign country.
Espionage can involve defence, political, foreign relations, or other security-classified information. It can also involve industrial or commercial information that affects Australia's national security. Foreign interference, on the other hand, is an activity carried out by or on behalf of a foreign government that undermines Australia's sovereignty, values, and national interests. It is often coercive, threatening, deceptive, or clandestine in nature, making it difficult to detect.
In June 2018, the Australian government introduced the National Security Amendment (Espionage and Foreign Interference) Act 2018 (EFI Act) to address the growing challenge of foreign interference. The EFI Act amended existing offences and introduced new espionage-related offences in the Criminal Code Act 1995. Some of the actions it criminalised include covert and deceptive activities intending to interfere with Australia's democratic systems and processes, as well as supporting the intelligence activities of a foreign government.
The AFP, along with the Australian Security Intelligence Organisation (ASIO), co-leads the Counter Foreign Interference Taskforce, which investigates, disrupts, and prosecutes EFI-related activities. The task force also includes members from the Australian Transaction Reports and Analysis Centre (AUSTRAC) and the Office of National Intelligence, highlighting the importance Australia places on safeguarding its national interests from espionage and foreign interference.
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Foreign interference
Corporate espionage and foreign interference are serious threats to Australia's national interests. They target political systems, military capabilities, trade and economic interests, intellectual property, community safety, and democratic freedoms. Foreign governments aim to manipulate and pressure Australian governments, businesses, decision-makers, and communities to benefit their own interests.
In June 2018, the Australian Government introduced the National Security Amendment (Espionage and Foreign Interference) Act 2018 (EFI Act) to address the increasing threat of foreign interference. The EFI Act amended existing offences in the Criminal Code Act 1995 and introduced new espionage-related offences. The Act criminalized covert, deceptive, or threatening activities intending to interfere with Australia's democratic systems and processes, as well as supporting the intelligence activities of a foreign government.
The Australian Federal Police (AFP) and the Australian Security Intelligence Organisation (ASIO) co-lead the Counter Foreign Interference Taskforce, which investigates, disrupts, and prosecutes EFI-related activities. The task force includes members from various agencies, such as the Australian Transaction Reports and Analysis Centre (AUSTRAC) and the Office of National Intelligence. ASIO works with government agencies and the private sector to increase awareness of the threat and implement effective counter-measures.
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Frequently asked questions
Yes, corporate espionage is illegal in Australia and is considered a serious threat to the country's national interests.
Corporate espionage involves the handling of sensitive information related to defence, political, foreign relations, or security-classified matters. It also includes industrial or commercial information that could impact national security.
The Australian government takes corporate espionage seriously, and those found guilty of such offences may face prosecution and legal consequences under the National Security Amendment (Espionage and Foreign Interference) Act 2018.
If you suspect or witness any potential corporate espionage or foreign interference in Australia, you should report it to the authorities. The Australian Federal Police (AFP) and the Australian Security Intelligence Organisation (ASIO) co-lead investigations into these matters and can be contacted through their official channels.
