Document ID: chunk:federal_register_of_legislation:C2025C00060:section:4:p8
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 4 (pt 8/21)
Character Range: 300638–303666

directed from, or committed within, the country:
 (a) espionage;
 (b) sabotage;
 (c) terrorism;
 (d) political violence;
 (e) activities intended and likely to obstruct, hinder or interfere with the performance by the country's defence force of its functions or with the carrying out of other activities by or for the country for the purposes of its defence or safety;
 (f) foreign interference.

90.5  Definition of security classification
 (1) Security classification means:
 (a) a classification of secret or top secret that is applied in accordance with the policy framework developed by the Commonwealth for the purpose (or for purposes that include the purpose) of identifying information:
 (i) for a classification of secret—that, if disclosed in an unauthorised manner, could be expected to cause serious damage to the national interest, organisations or individuals; or
 (ii) for a classification of top secret—that, if disclosed in an unauthorised manner, could be expected to cause exceptionally grave damage to the national interest; or
 (b) any equivalent classification or marking prescribed by the regulations.
 (1A) For the purposes of a reference, in an element of an offence in this Part, to security classification, strict liability applies to the element that:
 (a) a classification is applied in accordance with the policy framework developed by the Commonwealth for the purpose (or for purposes that include the purpose) of identifying the information mentioned in subparagraph (1)(a)(i) or (ii); or
 (b) a classification or marking is prescribed by the regulations as mentioned in paragraph (1)(b).
 (2) Before the Governor‑General makes regulations for the purposes of subsection (1), the Minister must be satisfied that the regulations are not inconsistent with the policy framework mentioned in paragraph (1)(a).

 (3) Despite subsection 14(2) of the Legislation Act 2003, regulations made for the purposes of subsection (1) of this section may prescribe a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time, if the instrument or other writing is publicly available.

90.6  Expressions also used in the Australian Security Intelligence Organisation Act 1979
  The meaning of an expression in this Part does not affect the meaning of that expression in the Australian Security Intelligence Organisation Act 1979, unless that Act expressly provides otherwise.

Division 91—Espionage

Subdivision A—Espionage

91.1  Espionage—dealing with information etc. concerning national security which is or will be communicated or made available to foreign principal

Intention as to national security

 (1) A person commits an offence if:
 (a) the person deals with information or an article; and
 (b) the information or article:
 (i) has a security classification; or
 (ii) concerns Australia's national security; and
 (c) the person intends that the person's conduct will:
 (i) prejudice Australia's national security;