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 B - Espionage on behalf of foreign principal  

SECTION 91.8   Espionage on behalf of 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:


(i) prejudice Australia ' s national security; or

(ii) advantage the national security of a foreign country; and


(c) the person is reckless as to whether the conduct involves the commission, by the person or any other person, of an offence against Subdivision A (espionage); and


(d) any of the following circumstances exists:


(i) the conduct is engaged in on behalf of, or in collaboration with, a foreign principal or a person acting on behalf of a foreign principal;

(ii) the conduct is directed, funded or supervised by 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:


(i) prejudice Australia ' s national security; or

(ii) advantage the national security of a foreign country; and


(c) the person is reckless as to whether the conduct involves the commission, by the person or any other person, of an offence against Subdivision A (espionage); and


(d) any of the following circumstances exists:


(i) the conduct is engaged in on behalf of, or in collaboration with, a foreign principal or a person acting on behalf of a foreign principal;

(ii) the conduct is directed, funded or supervised by a foreign principal or a person acting on behalf of a foreign principal.

Penalty: Imprisonment for 20 years.

Conduct on behalf of foreign principal

(3)  
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 involves the commission, by the person or any other person, of an offence against Subdivision A (espionage); and


(c) any of the following circumstances exists:


(i) the conduct is engaged in on behalf of, or in collaboration with, a foreign principal or a person acting on behalf of a foreign principal;

(ii) the conduct is directed, funded or supervised by a foreign principal or a person acting on behalf of a foreign principal.

Penalty: Imprisonment for 15 years.

Other matters

(4)  
For the purposes of subparagraphs (1)(b)(ii) and (2)(b)(ii), the person:


(a) does not need to have in mind a particular foreign country; and


(b) may have in mind more than one foreign country.

(5)  
For the purposes of paragraphs (1)(d), (2)(d) and (3)(c), the person:


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


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




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