This Amendment Paper amends the Crimes (Countering Foreign Interference) Amendment Bill to change the maximum sentence for reckless conduct from 7 years’ imprisonment to be no more than 3 months on top of the maximum term for the initial imprisonable offence.

It would be unreasonable for a person who has committed an offence that has a maximum sentence of 3 months to have that sentencd extended to up to 7 years if that offence was committed “for or on behalf of a foreign power being reckless as to whether doing so is likely to provide a relevant benefit to a foreign power”.

There are a wide range of possible sentences for an imprisonable offence, which means the additional sentence of this clause could be anywhere between 0 to 7 years, depending on the severity of the initial offence.

This is not proportionate; therefore this Amendment Paper would change the maximum sentence from a flat 7 years to an additional 3 months atop the maximum term for the offence.