With Simon Breheny
Introduction: This submission has been drafted in response to an invitation to the Institute of Public Affairs to make a submission to the Acting Independent National Security Legislation Monitor’s Inquiry into section 35P of the ASIO Act.
Our submission recommends the repeal of section 35P. We contend that there are three key problems with section 35P:
- Individuals can engage in illegal conduct without being aware they are breaking the law
- Restrictions on disclosure about special intelligence operations last forever
- Any exemption will provide only limited protection for journalists but journalism is an ambiguous term, and the exemption will not protect freedom of speech