Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.2 - Espionage and related offences  

Division 90 - Preliminary  

SECTION 90.1   Definitions  

(1)  


In this Part:

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

article
includes any thing, substance or material.

concerns
: 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.

deal
: 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.

Note:

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
includes:


(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 .

information
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(Repealed by No 67 of 2018)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 .

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

record
, 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)

sketch
includes a representation of a place or thing.

the Commonwealth
(Repealed by No 67 of 2018)

(2)  


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.

(3)  
(Repealed by No 67 of 2018)

(4)  
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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