Document ID: chunk:federal_register_of_legislation:C2025C00060:section:4:p18
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 4 (pt 18/21)
Character Range: 326338–329377

to the matters in this section (see subsection 13.3(3)).

92.6  Geographical jurisdiction

  Section 15.2 (extended geographical jurisdiction—category B) applies to an offence against this Subdivision.

Subdivision C—Foreign interference involving foreign intelligence agencies

92.7  Knowingly supporting foreign intelligence agency

  A person commits an offence if:
 (a) the person provides resources, or material support, to an organisation or a person acting on behalf of an organisation; and
 (b) the person knows that the organisation is a foreign intelligence agency.
Note: An alternative verdict may be available for an offence against this section (see section 93.5).

            Penalty: Imprisonment for 15 years.

92.8  Recklessly supporting foreign intelligence agency

  A person commits an offence if:
 (a) the person provides resources, or material support, to an organisation or a person acting on behalf of an organisation; and
 (b) the organisation is a foreign intelligence agency.

            Penalty: Imprisonment for 10 years.

92.9  Knowingly funding or being funded by foreign intelligence agency

  A person commits an offence if:
 (a) the person:
 (i) directly or indirectly receives or obtains funds from, or directly or indirectly makes funds available to, an organisation or a person acting on behalf of an organisation; or
 (ii) directly or indirectly collects funds for or on behalf of an organisation or a person acting on behalf of an organisation; and
 (b) the person knows that the organisation is a foreign intelligence agency.
Note: An alternative verdict may be available for an offence against this section (see section 93.5).

            Penalty: Imprisonment for 15 years.

92.10  Recklessly funding or being funded by foreign intelligence agency

  A person commits an offence if:
 (a) the person:
 (i) directly or indirectly receives or obtains funds from, or directly or indirectly makes funds available to, an organisation or a person acting on behalf of an organisation; or
 (ii) directly or indirectly collects funds for or on behalf of an organisation or a person acting on behalf of an organisation; and
 (b) the organisation is a foreign intelligence agency.

            Penalty: Imprisonment for 10 years.

92.11  Defence

  It is a defence to a prosecution for an offence by a person against this Subdivision that the person engaged in the conduct:
 (a) in accordance with a law of the Commonwealth; or
 (b) in accordance with an arrangement or agreement to which the Commonwealth is party; 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)).

Division 92A—Theft of trade secrets involving foreign government principal

92A.1  Theft of trade secrets involving foreign government principal

 (1) A person commits an offence if:
 (a) the person dishonestly receives, obtains, takes, copies or duplicates, sells, buys or discloses information; and