24th Nov 2022, 1:09 PM – Representatives National Anti-Corruption Commission Bill 2022 - Consideration in Detail - Journalist activities not corrupt conduct

The majority voted in favour of a motion to disagree with an amendment introduced by Goldstein MP Zoe Daniel (Independent), which means it failed.

What did the amendment do?

Ms Daniel explained that:

This amendment goes to the leaking of documents and the potential for journalists, particularly from the public broadcasters, to be penalised for receiving such documents, the fear of which, I believe, can thwart investigative journalism and, by extension, damage democracy.

Read more about the bill in its bills digest.

Amendment text

(1) Clause 8, page 16 (after line 21), at the end of the clause, add:

Journalist activities

(14) To avoid doubt, conduct engaged in by a person who is an employee, contractor or agent of any Commonwealth agency (including the Australian Broadcasting Corporation and the Special Broadcasting Service Corporation) that is engaged in the business of reporting news, presenting current affairs or expressing editorial or other content in news media does not constitute corrupt conduct if:

(a) the person engaged in the conduct in the person's capacity as:

(i) a person engaged in the business of reporting news, presenting current affairs or expressing editorial or other content in news media; or

(ii) a person engaged as part of the editorial staff for the business of reporting news, presenting current affairs or expressing editorial or other content in news media; or

(b) at the time of engaging in the conduct, the person:

(i) was a member of the administrative or production staff of the Commonwealth agency or of a contractor or agent of the Commonwealth agency; and

(ii) was acting under the direction of a journalist, editor or lawyer who was an employee, contractor or agent of the Commonwealth agency.