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 91.9   Defences  

(1)  
It is a defence to a prosecution for an offence by a person against this Subdivision that the person dealt with the information or article:


(a) in accordance with a law of the Commonwealth; or


(b) in accordance with an arrangement or agreement to which the Commonwealth is party and which allows for the exchange of information or articles; or


(c) in the person ' s capacity as a public official.

Note:

A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) ).

(2)  
It is a defence to a prosecution for an offence by a person against this Subdivision that the information or article the person deals with is information or an article that has already been communicated or made available to the public with the authority of the Commonwealth.

Note:

A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) ).




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