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Independent National Security Legislation Monitor

Independent National Security Legislation Monitor

The Independent National Security Legislation Monitor (‘the Monitor’) is a statutory office holder who independently reviews Australia’s national security and counter-terrorism laws and can make recommendations for law reform. Law making and law reform are inherently public processes, and the Monitor invites members of civil society groups, the media, government and non-government organisations and the wider community to provide submissions to reviews.

Please follow us on LinkedIn or visit this page regularly for advice about current and future reviews.

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Australia's espionage, foreign interference, sabotage and theft of trade secrets offences

The review of the operation, effectiveness and implications of Australia's espionage, foreign interference, sabotage and theft of trade secrets offences (Division 82 and Part 5.2 of the Criminal Code Act 1995 (Cth) (Criminal Code)) was tabled in Parliament by the Attorney-General on 23 July 2026.

The report makes 20 recommendations to simplify and strengthen Australia's espionage, foreign interference and related offences. Key recommendations include ensuring espionage offences are directed to the most serious conduct, introducing new offences to better address transnational repression, clarifying key definitional concepts, and repealing disproportionate preparatory offences.

View the report

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Defining terrorism

The Monitor is currently reviewing the definition of a ‘terrorist act’ under Australian law (section 100.1 of the Criminal Code Act 1995). The Review is considering the operation, effectiveness and implications of the definition, when read in conjunction with associated offences and powers, as well as whether it remains necessary and proportionate to the threat of terrorism.

Submissions to this review are closed. The Monitor thanks all submitters for their contributions, which are now being considered.

A public hearing for this review was held on Tuesday 10 March 2026 and Wednesday 11 March 2026: see the review homepage for details.

View the paper | View submissions | Find out more about the review

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