Criminal Code Act 1995

Pt 5.2 heading substituted by No 67 of 2018, s 3 and Sch 1 item 9, effective 30 June 2018. The heading formerly read:

Part 5.2 - Offences relating to espionage and similar activities

Div 91 heading substituted by No 67 of 2018, s 3 and Sch 1 item 17, effective 30 June 2018. The heading formerly read:

Division 91 - Offences relating to espionage and similar activities

Subdiv A heading inserted by No 67 of 2018, s 3 and Sch 1 item 17, effective 30 June 2018.

S 91.1 substituted by No 67 of 2018, s 3 and Sch 1 item 17, effective 30 June 2018. S 91.1 formerly read:

SECTION 91.1 Espionage and similar activities  
(1)
A person commits an offence if:

(a) the person communicates, or makes available:

(i) information concerning the Commonwealth ' s security or defence; or

(ii) information concerning the security or defence of another country, being information that the person acquired (whether directly or indirectly) from the Commonwealth; and

(b) the person does so intending to prejudice the Commonwealth ' s security or defence; and

(c) the person ' s act results in, or is likely to result in, the information being communicated or made available to another country or a foreign organisation, or to a person acting on behalf of such a country or organisation.

Penalty: Imprisonment for 25 years.

(2)
A person commits an offence if:

(a) the person communicates, or makes available:

(i) information concerning the Commonwealth ' s security or defence; or

(ii) information concerning the security or defence of another country, being information that the person acquired (whether directly or indirectly) from the Commonwealth; and

(b) the person does so:

(i) without lawful authority; and

(ii) intending to give an advantage to another country ' s security or defence; and

(c) the person ' s act results in, or is likely to result in, the information being communicated or made available to another country or a foreign organisation, or to a person acting on behalf of such a country or organisation.

Penalty: Imprisonment for 25 years.

(3)
A person commits an offence if:

(a) the person makes, obtains or copies a record (in any form) of:

(i) information concerning the Commonwealth ' s security or defence; or

(ii) information concerning the security or defence of another country, being information that the person acquired (whether directly or indirectly) from the Commonwealth; and

(b) the person does so:

(i) intending that the record will, or may, be delivered to another country or a foreign organisation, or to a person acting on behalf of such a country or organisation; and

(ii) intending to prejudice the Commonwealth ' s security or defence.

Penalty: Imprisonment for 25 years.

(4)
A person commits an offence if:

(a) the person makes, obtains or copies a record (in any form) of:

(i) information concerning the Commonwealth ' s security or defence; or

(ii) information concerning the security or defence of another country, being information that the person acquired (whether directly or indirectly) from the Commonwealth; and

(b) the person does so:

(i) without lawful authority; and

(ii) intending that the record will, or may, be delivered to another country or a foreign organisation, or to a person acting on behalf of such a country or organisation; and

(iii) intending to give an advantage to another country ' s security or defence.

Penalty: Imprisonment for 25 years.

(5)
For the purposes of subparagraphs (3)(b)(i) and (4)(b)(ii), the person concerned does not need to have a particular country, foreign organisation or person in mind at the time when the person makes, obtains or copies the record.

(6)
A person charged with an offence under this section may only be remanded on bail by a judge of the Supreme Court of a State or Territory. This subsection has effect despite anything in section 93.1.

Note:

Section 93.1 deals with how a prosecution is instituted.

(7)
Section 15.4 of the Criminal Code (extended geographical jurisdiction - category D) applies to offences under this section.