Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.1 - Treason and related offences  

Division 82 - Sabotage  

Subdivision B - Offences  

SECTION 82.4   Offence of sabotage involving foreign principal reckless as to national security  

(1)    
A person commits an offence if:


(a) the person engages in conduct; and


(b) the conduct results in damage to public infrastructure; and


(c) the person is reckless as to whether the conduct will:


(i) prejudice Australia ' s national security; or

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


(2)    
For the purposes of subparagraph (1)(c)(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.

(3)    
For the purposes of paragraph (1)(d), 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.

Note:

An alternative verdict may be available for an offence against this section (see section 82.12 ).





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