The Australian Law Society has recommended wide-ranging changes to the National Security Legislation Amendment (Espionage and Foreign Interference) (EFI Act), including potentially removing the category of preparatory offences. The suggestion is part of its submission to the National Security Legislation Monitor (INSLM).
While acknowledging the need to ensure that Australia’s laws are sufficiently robust to guard against the undermining of the country’s sovereignty and system of government by foreign adversaries, it says it continues to have concerns that “offence provisions should not be so broadly drafted that they inadvertently capture a wide range of benign conduct.”