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 92.3   Offence of reckless 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 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 is reckless as to whether 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.

Penalty: Imprisonment for 15 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 is reckless as to whether 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).

Penalty: Imprisonment for 15 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.