Crimes Act 1914

Pt VII repealed by No 67 of 2018, s 3 and Sch 2 item 5, applicable to conduct that occurs on or after 29 December 2018.

Pt VII heading substituted by No 91 of 2002, s 3 and Sch 1 item 1A, effective 28 November 2002. For transitional provision, see note under former s 78. The heading formerly read:

Espionage and official secrets

S 78 repealed by No 91 of 2002, s 3 and Sch 1 item 1, effective 28 November 2002. Act No 91 of 2002, s 4 contains the following transitional provision:

S 78 formerly read:

Espionage and similar activities

(1)
If a person with the intention of prejudicing the safety or defence of the Commonwealth or a part of the Queen's dominions:

(a) makes a sketch, plan, photograph, model, cipher, note, document or article that is likely to be, might be or is intended to be directly or indirectly useful to an enemy or a foreign power;

(b) obtains, collects, records, uses, has in his possession or communicates to another person a sketch, plan, photograph, model, cipher, note, document, article or information that is likely to be, might be or is intended to be directly or indirectly useful to an enemy or a foreign power; or

(c) approaches, is in the neighbourhood of, is in, enters, inspects or passes over a prohibited place;

he shall be guilty of an indictable offence.

Penalty: Imprisonment for 7 years.

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History

S 78(1) amended by No 24 of 2001, s 3 and Sch 10 item 83, by substituting ``with the intention of prejudicing'' for ``for a purpose intended to be prejudicial to''. For application provisions, see note under s 3BA.

(2)
On a prosecution under this section:

(a) it is not necessary to show that the accused person was guilty of a particular act tending to show an intention to prejudice the safety or defence of the Commonwealth or a part of the Queen's dominions and, notwithstanding that such an act is not proved against him, he may be convicted if, from the circumstances of the case, from his conduct or from his known character as proved, it appears that his intention was to prejudice the safety or defence of the Commonwealth or a part of the Queen's dominions; and

(b) if any sketch, plan, photograph, model, cipher, note, document, article or information relating to or used in a prohibited place, or anything in such a place, was made, obtained, collected, recorded, used, possessed or communicated by any person other than a person acting under lawful authority, it shall, unless the contrary is proved, be deemed to have been made, obtained, collected, recorded, used, possessed or communicated with the intention of prejudicing the safety or defence of the Commonwealth or a part of the Queen's dominions.

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History

S 78(2) amended by No 24 of 2001, s 3 and Sch 10 items 84 to 86, by substituting ``show an intention to prejudice'' for ``show a purpose intended to be prejudicial to'', and ``intention was to prejudice'' for ``purpose was a purpose intended to be prejudicial to'' in para (a) and ``with the intention of prejudicing'' for ``for a purpose intended to be prejudicial to'' in para (b). For application provisions, see note under s 3BA.

(3)
On a prosecution under this section, evidence is not admissible by virtue of paragraph (2)(a) if the magistrate exercising jurisdiction with respect to the examination and commitment for trial of the defendant, or the judge presiding at the trial, as the case may be, is of the opinion that that evidence, if admitted:

(a) would not tend to show that the defendant intended to prejudice the safety or defence of the Commonwealth or a part of the Queen's dominions; or

(b) would, having regard to all the circumstances of the case and notwithstanding subsection (4), prejudice the fair trial of the defendant.

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History

S 78(3)(a) amended by No 24 of 2001, s 3 and Sch 10 item 87, by substituting ``defendant intended to prejudice'' for ``purpose of the defendant was a purpose intended to be prejudicial to''. For application provisions, see note under s 3BA.

(4)
If evidence referred to in subsection (3) is admitted at the trial, the judge shall direct the jury that the evidence may be taken into account by the jury only on the question whether the defendant intended to prejudice the safety or defence of the Commonwealth or a part of the Queen's dominions and must be disregarded by the jury in relation to any other question.

S 78(4) amended by No 24 of 2001, s 3 and Sch 10 item 88, by substituting ``defendant intended to prejudice'' for ``purpose of the defendant was a purpose intended to be prejudicial to''. For application provisions, see note under s 3BA.