Revelation comes as the new independent monitor raises concerns about the laws which can send someone to jail for up to 10 years for revealing classified information
The Department of Home Affairs’ Nathan Smyth says any changes to part 5.6 of the Criminal Code Act must not water down national security protections.The Department of Home Affairs’ Nathan Smyth says any changes to part 5.6 of the Criminal Code Act must not water down national security protections.
The office of the Commonwealth Director of Public Prosecutions has revealed it has received seven agency referrals recommending prosecutions under part 5.6. The detail is included in a submission to the office of the Independent National Security Legislation Monitor, which is reviewing the operation and breadth of part 5.6 and its offences.
Under a sunset clause, the part 5.6 general secrecy offence expires this year. The government must decide whether to renew, amend, replace or remove it. “I’m talking about a 10-year offence … – quite a serious offence – and I’m looking to see that only those things which are necessary and proportionate to an offence of this type are covered,” Blight said.The Department of Home Affairs deputy secretary, Nathan Smyth, was prepared to countenance limited changes to 5.6 provided they “do not result in the net watering down of the robustness” of national security protections.
McGlynn said it could identify people or their work to foreign intelligence agencies seeking to harm Australia.
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