Document ID: chunk:federal_register_of_legislation:C2025C00060:section:4:p13
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 4 (pt 13/21)
Character Range: 313733–316531

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 20 years.

Conduct on behalf of foreign principal

 (3) A person commits an offence if:
 (a) the person deals with information or an article; and
 (b) the person is reckless as to whether the person's conduct involves the commission, by the person or any other person, of an offence against Subdivision A (espionage); 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.

Other matters

 (4) For the purposes of subparagraphs (1)(b)(ii) and (2)(b)(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.

 (5) For the purposes of paragraphs (1)(d), (2)(d) and (3)(c), 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.

91.9  Defences

 (1) It is a defence to a prosecution for an offence by a person against this Subdivision that the person dealt with the information or article:
 (a) in accordance with a law of the Commonwealth; or
 (b) in accordance with an arrangement or agreement to which the Commonwealth is party and which allows for the exchange of information or articles; or
 (c) in the person's capacity as a public official.

            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 Subdivision that the information or article the person deals with is information or an article that has already been communicated or made 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