Document ID: chunk:federal_register_of_legislation:C2018C00506:clause:1_17:p9
Version: federal_register_of_legislation:C2018C00506
Segment Type: clause
Provision Reference: sch 1 cl 17 (pt 9/11)
Character Range: 63405–66190

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 threat to cause serious harm, whether to the person to whom the threat is made or any other person; or
 (iii) involves the person making a demand with menaces.

            Penalty: Imprisonment for 15 years.

Interference involving targeted person

 (2) A person commits an offence if:
 (a) the person engages in conduct; and
 (b) 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; and
 (c) the person is reckless as to whether the conduct will influence another person (the target):
 (i) in relation to a political or governmental process of the Commonwealth or a State or Territory; or
 (ii) in the target's exercise (whether or not in Australia) of any Australian democratic or political right or duty; and
 (d) the person conceals from, or fails to disclose to, the target the circumstance mentioned in paragraph (b).

            Penalty: Imprisonment for 15 years.

Other matters

 (3) For the purposes of paragraphs (1)(b) and (2)(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.

92.4  Offence of preparing for a foreign interference offence

 (1) A person commits an offence if:
 (a) the person engages in conduct; and
 (b) the person does so with the intention of preparing for, or planning, an offence against another provision of this Subdivision (foreign interference).

            Penalty: Imprisonment for 10 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 this Subdivision 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 this Subdivision; and
 (c) whether or not the person engages in the conduct in preparation for, or planning, more than one offence against this Subdivision.

92.5  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: