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 92 - Foreign interference  

Subdivision B - Foreign interference  

SECTION 92.2   Offence of intentional foreign interference  

Interference generally

(1)  
A person commits an offence if:


(a) the person engages in conduct; and


(b) any of the following circumstances exists:


(i) the person engages in the conduct 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; and


(c) the person intends that the conduct will:


(i) influence a political or governmental process of the Commonwealth or a State or Territory; or

(ii) influence the exercise (whether or not in Australia) of an Australian democratic or political right or duty; or

(iii) support intelligence activities of a foreign principal; or

(iv) prejudice Australia ' s national security; and


(d) any part of the conduct:


(i) is covert or involves deception; or

(ii) involves the person making a threat to cause serious harm, whether to the person to whom the threat is made or any other person; or

(iii) involves the person making a demand with menaces.
Note:

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

Penalty: Imprisonment for 20 years.

Interference involving targeted person

(2)  
A person commits an offence if:


(a) the person engages in conduct; and


(b) 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; and


(c) the person intends that the conduct will influence another person (the target ):


(i) in relation to a political or governmental process of the Commonwealth or a State or Territory; or

(ii) in the target ' s exercise (whether or not in Australia) of any Australian democratic or political right or duty; and


(d) the person conceals from, or fails to disclose to, the target the circumstance mentioned in paragraph (b).

Note:

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

Penalty: Imprisonment for 20 years.

Other matters

(3)  
For the purposes of paragraphs (1)(b) and (2)(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.




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.