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 noteInterference 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.
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