National Security Legislation Amendment (Espionage and Foreign Interference) Act 2018 (67 of 2018)
Schedule 1 Treason, espionage, foreign interference and related offences
Part 1 Main amendments
Criminal Code Act 1995
20 At the end of Division 93 of the Criminal Code
Add:
93.4 Fault elements for attempted espionage offences
Despite subsection 11.1(3), the fault element, in relation to each physical element of an offence of attempting to commit an offence against a provision of:
(a) Subdivision A of Division 91 (espionage); or
(b) Subdivision B of Division 91(espionage on behalf of foreign principal);
is the fault element in relation to that physical element of the offence against the provision of Subdivision A or B of Division 91.
93.5 Alternative verdicts
(1) If, on a trial of a person for an offence specified in column 1 of an item in the following table, the trier of fact:
(a) is not satisfied that the person is guilty of that offence; and
(b) is satisfied beyond reasonable doubt that the person is guilty of an offence against a provision specified in column 2 of that item;
it may find the person not guilty of the offence specified in column 1 but guilty of the offence specified in column 2.
|
Alternative verdicts |
||
|---|---|---|
|
Item |
Column 1
|
Column 2
|
|
1 |
subsection 91.1(1) |
subsection 91.1(2) |
|
2 |
subsection 91.2(1) |
subsection 91.2(2) |
|
3 |
subsection 91.6(1) |
the underlying offence mentioned in paragraph 91.6(1)(a) |
|
4 |
subsection 91.8(1) |
subsection 91.8(2) |
|
5 |
subsection 92.2(1) |
subsection 92.3(1) |
|
6 |
subsection 92.2(2) |
subsection 92.3(2) |
|
7 |
section 92.7 |
section 92.8 |
|
8 |
section 92.9 |
section 92.10 |
(2) Subsection (1) only applies if the person has been accorded procedural fairness in relation to the finding of guilt for the offence specified in column 2.
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