Document ID: chunk:federal_register_of_legislation:C2025C00060:section:4:p43
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 4 (pt 43/44)
Character Range: 278030–280726

be available for an offence against this section (see section 82.12).

            Penalty: Imprisonment for 15 years.

82.8  Offence of introducing vulnerability reckless as to national security

  A person commits an offence if:
 (a) the person engages in conduct; and
 (b) the conduct has the result that an article or thing, or software, becomes vulnerable:
 (i) to misuse or impairment; or
 (ii) to being accessed or modified by a person not entitled to access or modify it; and
 (c) the article or thing, or software, is or is part of public infrastructure; and
 (d) the person engages in the conduct reckless as to whether prejudice to Australia's national security will occur (whether at the time or at a future time).

            Penalty: Imprisonment for 10 years.

82.9  Preparing for or planning sabotage 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 this Division (other than this section).

            Penalty: Imprisonment for 7 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 Division 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 Division; and
 (c) whether or not the person engages in the conduct in preparation for, or planning, more than one offence against this Division.

82.10  Defences
 (1) It is a defence to a prosecution for an offence by a person against this Division if:
 (a) the person is, at the time of the offence, a public official; and
 (b) the person engaged in the conduct in good faith in the course of performing duties as a public official; and
 (c) the conduct is reasonable in the circumstances for the purpose of performing those duties.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3)).
 (2) It is a defence to a prosecution for an offence by a person against this Division if:
 (a) the person is, at the time of the offence:
 (i) an owner or operator of the public infrastructure; or
 (ii) acting on behalf of, or with the consent of, an owner or operator of the public infrastructure; and
 (b) the person engaged in the conduct in good faith; and
 (c) the conduct is within the lawful authority of the owner or operator; and
 (d) the conduct is reasonable in the circumstances for the purpose of exercising that lawful authority.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see