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 91 - Espionage  

Subdivision A - Espionage  

SECTION 91.2   Espionage - dealing with information etc. which is or will be communicated or made available to foreign principal  

Intention as to national security

(1)  
A person commits an offence if:


(a) the person deals with information or an article; and


(b) the person intends that the person ' s conduct will prejudice Australia ' s national security; and


(c) the conduct results or will result in the information or article being communicated or made available to a foreign principal or a person acting on behalf of a foreign principal.

Note:

An alternative verdict may be available for an offence against this subsection (see section 93.5 ).

Penalty: Imprisonment for 25 years.

Reckless as to national security

(2)  
A person commits an offence if:


(a) the person deals with information or an article; and


(b) the person is reckless as to whether the person ' s conduct will prejudice Australia ' s national security; and


(c) the conduct results or will result in the information or article being communicated or made available to a foreign principal or a person acting on behalf of a foreign principal.

Penalty: Imprisonment for 20 years.

Other matters

(3)  
For the purposes of paragraphs (1)(c) and (2)(c):


(a) the person does not need to have in mind a particular foreign principal; and


(b) the person may have in mind more than one foreign principal.




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