Document ID: chunk:federal_register_of_legislation:C2018C00506:clause:1_17:p2
Version: federal_register_of_legislation:C2018C00506
Segment Type: clause
Provision Reference: sch 1 cl 17 (pt 2/11)
Character Range: 45601–48386

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 prejudice Australia's national security; and
 (c) the conduct results or will result in the information or article being communicated or made available to a foreign principal or a person acting on behalf of a foreign principal.

            Penalty: Imprisonment for 20 years.

Other matters

 (3) For the purposes of paragraphs (1)(c) and (2)(c):
 (a) the person does not need to have in mind a particular foreign principal; and
 (b) the person may have in mind more than one foreign principal.

91.3  Espionage—security classified information etc.

 (1) A person commits an offence if:
 (a) the person deals with information or an article; and
 (aa) the person deals with the information or article for the primary purpose of communicating the information or article, or making it available, to a foreign principal or a person acting on behalf of a foreign principal; and
 (b) the person's conduct results or will result in the information or article being communicated or made available to a foreign principal or a person acting on behalf of a foreign principal; and
 (c) the information or article has a security classification.

            Penalty: Imprisonment for 20 years.

 (2) For the purposes of paragraphs (1)(aa) and (b):
 (a) the person does not need to have in mind a particular foreign principal; and
 (b) the person may have in mind more than one foreign principal.
 (3) Strict liability applies to paragraph (1)(aa).

91.4  Defences

 (1) 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 matter in this subsection (see subsection 13.3(3)).

 (2) It is a defence to a prosecution for an offence by a person against this Subdivision that the information or article the person deals with is information or an article that has already been communicated or made available to the public with the authority of the Commonwealth.

            Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3)).
 (3) It is a defence to a prosecution for an offence by a