Document ID: chunk:federal_register_of_legislation:C2005C00496:clause:1_5:p1
Version: federal_register_of_legislation:C2005C00496
Segment Type: clause
Provision Reference: sch 1 cl 5 (pt 1/4)
Character Range: 5780–8668

5  The Schedule (Chapter 5 of the Criminal Code)
Insert in the appropriate numerical position:

Part 5.2—Offences relating to espionage and similar activities

Division 90—Preliminary

90.1  Definitions

 (1) In this Part:

article includes any thing, substance or material.

information means information of any kind, whether true or false and whether in a material form or not, and includes:
 (a) an opinion; and
 (b) a report of a conversation.

intelligence or security agency has the meaning given by section 85ZL of the Crimes Act 1914.

record, in relation to information, means a record of information in any form, including but not limited to, a document, paper, database, software system or other article or system containing information or from which information can be derived.

security or defence of a country includes the operations, capabilities and technologies of, and methods and sources used by, the country's intelligence or security agencies.

sketch includes a representation of a place or thing.

the Commonwealth includes the Territories.

 (2) In this Part, unless the contrary intention appears:
 (a) expressions referring to obtaining, recording, using, having in possession, communicating or retaining include obtaining, recording, using, having in possession, communicating or retaining in whole or in part, and whether the thing or information itself, or only the substance, effect or description of the thing or information, is obtained, recorded, used, possessed, communicated or retained; and
 (b) a reference to a sketch, document or article or to information is to be read as including a reference to a copy of, a part of or a copy of a part of a sketch, document or article or information.

 (3) For the purposes of this Part, a place that is occupied by, or a thing that is under the control of, the Commonwealth is taken to belong to the Commonwealth.

 (4) This Part applies to and in relation to a document or article regardless of who made it and what information it contains.

Division 91—Offences relating to espionage and similar activities

91.1  Espionage and similar activities

 (1) A person commits an offence if:
 (a) the person communicates, or makes available:
 (i) information concerning the Commonwealth's security or defence; or
 (ii) information concerning the security or defence of another country, being information that the person acquired (whether directly or indirectly) from the Commonwealth; and
 (b) the person does so intending to prejudice the Commonwealth's security or defence; and
 (c) the person's act results in, or is likely to result in, the information being communicated or made available to another country or a foreign organisation, or to a person acting on behalf of such a country or organisation.

Penalty: Imprisonment for 25 years.

 (2) A person commits an offence if:
 (a) the person communicates,