Document ID: chunk:federal_register_of_legislation:C2005C00496:clause:1_5:p2
Version: federal_register_of_legislation:C2005C00496
Segment Type: clause
Provision Reference: sch 1 cl 5 (pt 2/4)
Character Range: 8420–11261

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