AUSTRALIA’S INTERNATIONAL CYBER ENGAGEMENT STRATEGY
Assist Indo‑Pacific countries to strengthen their
cybercrime legislation
Raising public awareness will not prevent
all cybercrime. Another effective way
to respond to cybercrime is through
a combination of stronger domestic
legislative frameworks within countries
and greater harmonisation of cybercrime
legislation between countries.
Australia is committed to working
with partners in the region to help
strengthen their legal frameworks to
address cybercrime. Robust cybercrime
legal frameworks increase the risk of
prosecution for would-be cybercriminals.
Strengthening cybercrime legislation
raises the cost of ‘business’ for
cybercriminals and is an important way
of preventing cybercrime safe havens in
our region.
Similarly, Australia advocates for the
harmonisation of legal frameworks – that
is, having similar conduct criminalised in
all jurisdictions – to facilitate international
cooperation on cybercrime. This ensures
that criminals cannot evade justice by
simply crossing borders.
THE BUDAPEST CONVENTION
Australia has been a party to the Council
of Europe Convention on Cybercrime
(the Budapest Convention) since 2013. It
is a valuable mechanism to strengthen
international cooperation on cybercrime,
particularly through its provisions on
mutual legal assistance. Countries are
able to work together more effectively
on trans-border investigations and
prosecutions when domestic legal and
law enforcement operational frameworks
are harmonised in line with the
provisions of the Budapest Convention.
Reciprocal arrangements such as mutual
legal assistance and intelligence sharing
continue to be a critical mechanism
for combatting cybercrime. Australia
is keen to work with other countries to
streamline these processes.
Australia works with countries in the
region interested in acceding to the
Budapest Convention by helping them
achieve the required legislative reform.
For example, substantial support from
36
the Attorney-General’s Department
contributed to Tonga’s recent accession
to the Convention (see Supporting
Stronger Cyber Crime Legislation in
Tonga, page 37).
Australia will actively participate in
the development of an Additional
Protocol to the Budapest Convention
on trans-border access to information.
The Protocol will further articulate
cooperation requirements between
jurisdictions on providing access
to electronic information, within
appropriate conditions and safeguards.
This will facilitate more effective
mutual legal assistance through direct
cooperation with service providers
and between judicial authorities,
joint investigation frameworks, and
development of emergency assistance
procedures. Australia is a member of the
Drafting Group for the establishment of
the Additional Protocol.
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