September 26, 2022
Shadow Minister for Home Affairs
Shadow Minister for Child Protection and the Prevention of Family Violence
Federal Member for McPherson
Shadow Minister for Cyber Security
Shadow Minister for Countering Foreign Interference
Senator for Victoria
26 September 2022
The Coalition is calling on Labor to prioritise the security of Australians by supporting a Private Members Bill to reform criminal law and secure tougher penalties for all forms of cyber extortion. This criminal law reform – first introduced by the former Coalition Government as the Crimes Legislation Amendment (Ransomware Action Plan) Bill 2022 into the House of Representatives in February 2022 – is aimed at making Australia stronger and keeping Australians safer in an increasingly uncertain world.
The Bill delivers on key aspects of the Coalition’s Ransomware Action Plan by:
• introducing a new standalone offence for all forms of cyber extortion so that cybercriminals who use ransomware face an increased maximum penalty of 10 years’ imprisonment.
• introducing a new aggravated offence for cybercriminals seeking to target critical infrastructure, recognising the significant impact on assets that deliver essential services with a maximum penalty of 25 years’ imprisonment.
• introducing an aggravated offence for buying and selling malware for the purpose of committing a computer offence and dealing with stolen data, to halt the effectiveness of the ransomware business model with a maximum penalty of 10 years’ imprisonment.
• ensuring that law enforcement can monitor and freeze cybercriminals’ ill-gotten gains by extending current powers that cover financial institutions to digital currency exchanges.
• ensuring the powers available to law enforcement to seize digital assets (including cryptocurrency) reflect the operational environment and that proceeds of crime are available for restraint and forfeiture action under the Proceeds of Crime Act 2002. Australians need to be protected and this Bill will focus on deterring cyber criminals through tougher penalties and the capability of law enforcement to seize the proceeds of cybercrime, such as cryptocurrency.
In government, the Coalition also invested $9.9 billion to boost cyber and intelligence capability, and an extra $280 million to boost law enforcement capability.
This is in stark contrast to the lack of planning for cyber security we’ve seen from the Albanese Labor Government, who have effectively said they’re going to tear up the $1.7 billion Australian Cyber Security Strategy.
In 2021, Labor tried to usher in a Bill for mandatory reporting only once a ransom is paid – something the Australian Cyber Security Centre (ACSC) says will only encourage cyber criminals. Labor said they’ll be prioritising cyber security in government – but they’ve been responsible for more than 100 days and have yet to prioritise the issue.
The Coalition introduced mandatory reporting of cyber incidents as part of our Critical Infrastructure Reforms, with a range of support for small and medium businesses impacted by ransomware through the ACSC.
This Private Members Bill builds on the achievements of the Coalition when in government, including: • supporting industries to grow online by launching the National Plan to Combat Cybercrime;
• cracking down on the cybercriminals by funding a dedicated AFP-led cybercrime centre;
• making all Australians safer through passage of important legislation to revolutionise the way Australian agencies investigate and prosecute cybercrime;
• ensuring our law enforcement agencies have much needed powers to combat crime on the dark web;
• cracking down and protecting Australians from ransomware through the Ransomware Action Plan;
• facilitating the exchange of digital information with US authorities by signing the CLOUD Act Agreement with the United States; and • launching a public information campaign to increase Australian’s cyber security.
Labor needs to protect Australians by supporting this Bill.
