Thursday, 28 June 2018
National Security Legislation Amendment (Espionage and Foreign Interference) Bill 2018, Foreign Influence Transparency Scheme Bill 2018; In Committee
No. Again, I go back to the fault elements. You're dealing with recklessness here. I've dealt with it, but I'll deal with it again. The prosecution is required to prove that a person is aware of a substantial risk that their conduct will prejudice Australia's national security or advantage the national security of a foreign country, and having regard to the circumstances known to him or her, it is unjustifiable to take the risk. We are not dealing with a low bar when it comes to that in terms of recklessness. We're not dealing with carelessness as is dealt with in other areas; we are dealing with recklessness or intent. I simply don't accept the proposition that you're putting—that there is such a low bar that activity such as you're describing would fall foul of that provision.