Document ID: chunk:federal_register_of_legislation:C2018C00506:clause:1_17:p6
Version: federal_register_of_legislation:C2018C00506
Segment Type: clause
Provision Reference: sch 1 cl 17 (pt 6/11)
Character Range: 55814–58575

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)).

91.10  Geographical jurisdiction

  Section 15.4 (extended geographical jurisdiction—category D) applies to an offence against this Subdivision.

Subdivision C—Espionage‑related offences

91.11  Offence of soliciting or procuring an espionage offence or making it easier to do so

 (1) A person commits an offence if:
 (a) the person engages in conduct in relation to another person (the target); and
 (b) the person engages in the conduct with the intention of soliciting or procuring, or making it easier to solicit or procure, the target to deal with information or an article in a way that would constitute an offence against Subdivision A (espionage) or B (espionage on behalf of foreign principal); and
 (c) 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 15 years.

 (2) For the purposes of paragraph (1)(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.

 (3) A person may commit an offence against subsection (1):
 (a) even if an offence against Subdivision A or B is not committed; and
 (b) even if it is impossible for the target to deal with information or an article in a way that would constitute an offence against Subdivision A or B; and
 (c) even if the person does not have in mind particular information or a particular article, or a particular dealing or kind of dealing with information or an article, at the time the person engages in conduct in relation to the target; and
 (d) whether it is a single dealing, or multiple dealings, that the person intends to solicit or procure or make it easier to solicit or procure.

 (4) Section 11.1 (attempt) does not apply to an offence against subsection (1).

91.12  Offence of preparing for an espionage 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 Subdivision A (espionage) or B (espionage on behalf of foreign principal).

            Penalty: Imprisonment for 15 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 Subdivision A or B is committed;