Submission to INSLM on Espionage, Foreign Interference, Sabotage and Theft of Trade Secret Laws
11 July 2025
On 4 July 2025, the Law Council lodged a submission with the Independent National Security Legislation Monitor (INSLM) in response to their review of Australia’s espionage, foreign interference, sabotage and theft of trade secrets offences in the Commonwealth Criminal Code.
The Law Council’s submission was greatly assisted by contributions from members of the National Security Law Working Group in developing a submission that addressed this complex and highly technical area of criminal law.
The Law Council’s submission argued that Australia’s national security is best supported by an approach that foregrounds the rule of law. The following key points were made in support of this argument:
- Australia’s security environment has become more complex with rising global instability, economic uncertainty and increasingly complex technological systems;
- The rule of law and other values of liberal democracy are the bedrock upon which national security is built;
- Legal translations of concepts like “national security” need to be sufficiently clear and certain so we all know the boundaries of acceptable behaviour;
- Legislative drafting processes addressing matters of national importance should always reflect best practice and involve wide stakeholder engagement; and
- Clear defences need to be made available and accessible for public interest dealings with information such as journalism and academia.
The Law Council welcomes the INSLM’s review of national security architecture. We look forward to working with the INSLM and the new Parliament to ensure that our criminal law is calibrated, effective, and supports the values of Australian democracy.
Last Updated on 09/07/2025