Document ID: chunk:federal_register_of_legislation:C2018C00506:clause:1_17:p11
Version: federal_register_of_legislation:C2018C00506
Segment Type: clause
Provision Reference: sch 1 cl 17 (pt 11/11)
Character Range: 68681–70972

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
 (b) all of the following circumstances exist:
 (i) the information is not generally known in trade or business, or in the particular trade or business concerned;
 (ii) the information has a commercial value that would be, or could reasonably be expected to be, destroyed or diminished if the information were communicated;
 (iii) the owner of the information has made reasonable efforts in the circumstances to prevent the information becoming generally known; and
 (c) any of the following circumstances exists:
 (i) the conduct is engaged in on behalf of, or in collaboration with, a foreign government principal or a person acting on behalf of a foreign government principal;
 (ii) the conduct is directed, funded or supervised by a foreign government principal or a person acting on behalf of a foreign government principal.

            Penalty: Imprisonment for 15 years.
 (2) For the purposes of paragraph (1)(a), dishonest means:
 (a) dishonest according to the standards of ordinary people; and
 (b) known by the defendant to be dishonest according to the standards of ordinary people.
 (3) In a prosecution for an offence against this section, the determination of dishonesty is a matter for the trier of fact.

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

92A.2  Geographical jurisdiction

 (1) Section 15.2 (extended geographical jurisdiction—category B) applies to an offence against section 92A.1.

 (2) However, subsections 15.2(2) and 15.2(4) (defences for primary and ancillary offences) do not apply.