Document ID: chunk:federal_register_of_legislation:C2025C00060:section:4:p12
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 4 (pt 12/21)
Character Range: 311123–313961

has, or articles that have, a security classification of at least secret.

            Penalty:
 (a) if the penalty for the underlying offence is imprisonment for 25 years—imprisonment for life; or
 (b) if the penalty for the underlying offence is imprisonment for 20 years—imprisonment for 25 years.

 (2) There is no fault element for the physical element in paragraph (1)(a) other than the fault elements (however described), if any, for the underlying offence.

 (4) To avoid doubt, a person does not commit an underlying offence for the purposes of paragraph (1)(a) if the person has a defence to the underlying offence.

 (5) To avoid doubt, the person may be convicted of an offence against this section even if the person has not been convicted of the underlying offence.
Note: An alternative verdict may be available for an offence against this section (see section 93.5).

91.7  Geographical jurisdiction

  Section 15.4 (extended geographical jurisdiction—category D) applies to an offence against this Subdivision.

Subdivision B—Espionage on behalf of foreign principal

91.8  Espionage on behalf of foreign principal

Intention 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