Document ID: chunk:federal_register_of_legislation:C2018C00506:clause:1_17:p7
Version: federal_register_of_legislation:C2018C00506
Segment Type: clause
Provision Reference: sch 1 cl 17 (pt 7/11)
Character Range: 58310–61131

on behalf of foreign principal).

            Penalty: Imprisonment for 15 years.

 (2) Section 11.1 (attempt) does not apply to an offence against subsection (1).

 (3) Subsection (1) applies:
 (a) whether or not an offence against Subdivision A or B is committed; and
 (b) whether or not the person engages in the conduct in preparation for, or planning, a specific offence against a provision of Subdivision A or B; and
 (c) whether or not the person engages in the conduct in preparation for, or planning, more than one offence against Subdivision A or B.

91.13  Defences

  It is a defence to a prosecution for an offence by a person against this Subdivision that the person dealt with the information or article:
 (a) in accordance with a law of the Commonwealth; or
 (b) in accordance with an arrangement or agreement to which the Commonwealth is party and which allows for the exchange of information or articles; or
 (c) in the person's capacity as a public official.

            Note: A defendant bears an evidential burden in relation to the matters in this section (see subsection 13.3(3)).

91.14  Geographical jurisdiction

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

Division 92—Foreign interference

Subdivision A—Preliminary

92.1  Definitions

  In this Division:
deception means an intentional or reckless deception, whether by words or other conduct, and whether as to fact or as to law, and includes:
 (a) a deception as to the intentions of the person using the deception or any other person; and
 (b) conduct by a person that causes a computer, a machine or an electronic device to make a response that the person is not authorised to cause it to do.
menaces has the same meaning as in Part 7.5 (see section 138.2).

Subdivision B—Foreign interference

92.2  Offence of intentional foreign interference

Interference 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