Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3


Part 5.2 - Espionage and related offences  

Division 90 - Preliminary  

SECTION 90.1   Definitions  


In this Part:

: conduct will not advantage the national security of a foreign country if the conduct will advantage Australia ' s national security to an equivalent extent.

includes any thing, substance or material.

: information or an article concerns Australia ' s national security if the information or article relates to, or is connected with, or is of interest or importance to, or affects, Australia ' s national security.

: a person deals with information or an article if the person does any of the following in relation to the information or article:

(a) receives or obtains it;

(b) collects it;

(c) possesses it;

(d) makes a record of it;

(e) copies it;

(f) alters it;

(g) conceals it;

(h) communicates it;

(i) publishes it;

(j) makes it available.


See also the definition of make available in this subsection and subsection (2).

foreign government principal
has the meaning given by section 90.3 .

foreign political organisation

(a) a foreign political party; and

(b) a foreign organisation that exists primarily to pursue political objectives; and

(c) a foreign organisation that exists to pursue militant, extremist or revolutionary objectives.

foreign principal
has the meaning given by section 90.2 .

means information of any kind, whether true or false and whether in a material form or not, and includes:

(a) an opinion; and

(b) a report of a conversation.

intelligence or security agency
(Repealed by No 67 of 2018)

make available
information or an article includes:

(a) place it somewhere it can be accessed by another person; and

(b) give it to an intermediary to give to the intended recipient; and

(c) describe how to obtain access to it, or describe methods that are likely to facilitate access to it (for example, set out the name of a website, an IP address, a URL, a password, or the name of a newsgroup).

national security
has the meaning given by section 90.4 .

: embarrassment alone is not sufficient to prejudice Australia ' s national security.

, in relation to information, means a record of information in any form, including but not limited to, a document, paper, database, software system or other article or system containing information or from which information can be derived.

security classification
has the meaning given by section 90.5 .

security or defence
(Repealed by No 67 of 2018)

includes a representation of a place or thing.

the Commonwealth
(Repealed by No 67 of 2018)


In this Part, dealing with information or an article includes:

(a) dealing with all or part of the information or article; and

(b) dealing only with the substance, effect or description of the information or article.

(Repealed by No 67 of 2018)

This Part applies to and in relation to a document or article regardless of who made it and what information it contains.

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