Document ID: chunk:federal_register_of_legislation:C2018C00506:clause:1_8:p2
Version: federal_register_of_legislation:C2018C00506
Segment Type: clause
Provision Reference: sch 1 cl 8 (pt 2/5)
Character Range: 16440–19326

(3) For the purposes of a reference, in an element of an offence, to public infrastructure within the meaning of this Division, absolute liability applies:
 (a) in relation to public infrastructure within the meaning of paragraph (1)(a)—to the element that the infrastructure, facility, premises, network or electronic system belongs to the Commonwealth; and
 (b) in relation to public infrastructure within the meaning of paragraph (1)(e)—to the element that the infrastructure, facility, premises, network or electronic system belongs to or is operated by a constitutional corporation or is used to facilitate constitutional trade or commerce.

82.2A  Expressions also used in the Australian Security Intelligence Organisation Act 1979
  The meaning of an expression in this Division does not affect the meaning of that expression in the Australian Security Intelligence Organisation Act 1979, unless that Act expressly provides otherwise.

Subdivision B—Offences

82.3  Offence of sabotage involving foreign principal with intention as to national security

 (1) A person commits an offence if:
 (a) the person engages in conduct; and
 (b) the conduct results in damage to public infrastructure; and
 (c) the person intends that the conduct will:
 (i) prejudice Australia's national security; or
 (ii) advantage the national security of a foreign country; and
 (d) 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.

            Penalty: Imprisonment for 25 years.

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

 (3) For the purposes of paragraph (1)(d), the person:
 (a) does not need to have in mind a particular foreign principal; and
 (b) may have in mind more than one foreign principal.
Note: An alternative verdict may be available for an offence against this section (see section 82.12).

82.4  Offence of sabotage involving foreign principal reckless as to national security

 (1) A person commits an offence if:
 (a) the person engages in conduct; and
 (b) the conduct results in damage to public infrastructure; and
 (c) the person is reckless as to whether the conduct will:
 (i) prejudice Australia's national security; or
 (ii) advantage the national security of a foreign country; and
 (d) 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