Senate debates
Thursday, 28 June 2018
Bills
National Security Legislation Amendment (Espionage and Foreign Interference) Bill 2018; In Committee
1:37 pm
Zed Seselja (ACT, Liberal Party, Assistant Minister for Science, Jobs and Innovation) Share this | Hansard source
The information would have to be of a certain character. They'd have to be reckless as to that, as well as making it available and as well as the issues around damage. Your question appears to suggest that if someone acts recklessly then, potentially, they are somehow going to offend against these provisions. That is not the case.
At the risk of repeating myself: a number of times I have stepped through the fact that there are a number of different elements to an offence and that, depending on the offence, we are talking about either the mental element or the fault element of intention or recklessness applying. But to answer your question very simply and straightforwardly: simply being reckless is not enough; it's certain types of information, it's the use of that information and fault elements right across the board.
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