Document ID: chunk:federal_register_of_legislation:C2025C00060:section:4:p17
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 4 (pt 17/21)
Character Range: 323800–326685

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: A defendant bears an evidential burden in relation 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