INSLM report highlights necessity and proportionality in national security laws
6 August 2026
On 23 July 2026, the Independent National Security Legislation Monitor’s report into Australia's espionage, foreign interference, sabotage and trade secrets offences was tabled in Parliament.
The review examined the operation, effectiveness and implications of these complex offences contained in the Criminal Code Act 1995 (Cth).
Law Council President, Tania Wolff, welcomed the INSLM's recommendations as evidence that a commitment to the rule of law remains central to improving Australia's national security settings, singling out the recommended repeal of certain overly broad preparatory offences—including preparatory foreign interference offences—as a positive step.
Australia’s security environment has changed considerably since these laws came into operation eight years ago. The review found that the offences remain necessary to address threats from foreign actors, but should be clearer, simpler and more targeted. The INSLM’s recommendations seek to remove unnecessary complexity and undue breadth, and make the law more certain.
In its submission to the review, the Law Council emphasised that national security measures must remain proportionate to the threats they address. Further, we argued that an approach grounded in the values, rights and freedoms fundamental to democratic participation and human rights would improve the resilience of Australia’s national security.
The Law Council supports the majority of the INSLM's recommendations and thanks him for engaging with the legal profession and civil society throughout the consultation. On 30 July 2026, a media release was issued, welcoming the role INSLM plays in balancing national security imperatives with civil liberties.
The Law Council looks forward to continued engagement with Government as these reforms progress.
Last Updated on 05/08/2026
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