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 91.3   Espionage - security classified information etc.  

(1)  
A person commits an offence if:


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


(aa) the person deals with the information or article for the primary purpose of communicating the information or article, or making it available, to a foreign principal or a person acting on behalf of a foreign principal; and


(b) the person ' s 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; and


(c) the information or article has a security classification.

Penalty: Imprisonment for 20 years.

(2)  
For the purposes of paragraphs (1)(aa) and (b):


(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.

(3)  
Strict liability applies to paragraph (1)(aa).




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