Criminal Code Act 1995
Section 3
CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH Part 5.2 - Espionage and related offences
View history note
Hide history noteIntention as to national security
(1)
A person commits an offence if:
(a) the person deals with information or an article; and
(b) the person intends that the person ' s conduct will:
(i) prejudice Australia ' s national security; or
(ii) advantage the national security of a foreign country; and
(c) the person is reckless as to whether the conduct involves the commission, by the person or any other person, of an offence against Subdivision A (espionage); 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.
Note:
An alternative verdict may be available for an offence against this subsection (see section 93.5 ).
Penalty: Imprisonment for 25 years.
Reckless as to national security
(2)
A person commits an offence if:
(a) the person deals with information or an article; and
(b) the person is reckless as to whether the person ' s conduct will:
(i) prejudice Australia ' s national security; or
(ii) advantage the national security of a foreign country; and
(c) the person is reckless as to whether the conduct involves the commission, by the person or any other person, of an offence against Subdivision A (espionage); 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.
Conduct on behalf of foreign principal
(3)
A person commits an offence if:
(a) the person deals with information or an article; and
(b) the person is reckless as to whether the person ' s conduct involves the commission, by the person or any other person, of an offence against Subdivision A (espionage); and
(c) 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 15 years.
Other matters
(4)
For the purposes of subparagraphs (1)(b)(ii) and (2)(b)(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.
(5)
For the purposes of paragraphs (1)(d), (2)(d) and (3)(c), 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.
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