Document ID: chunk:federal_register_of_legislation:C2018C00506:clause:1_8:p1
Version: federal_register_of_legislation:C2018C00506
Segment Type: clause
Provision Reference: sch 1 cl 8 (pt 1/5)
Character Range: 13764–16696

8  At the end of Part 5.1 of the Criminal Code
Add:

Division 82—Sabotage

Subdivision A—Preliminary

82.1  Definitions

  In this Division:
advantage: conduct will not advantage the national security of a foreign country if the conduct will advantage Australia's national security to an equivalent extent.
damage to public infrastructure: conduct results in damage to public infrastructure if any of the following paragraphs apply in relation to public infrastructure:
 (a) the conduct destroys it or results in its destruction;
 (b) the conduct involves interfering with it, or abandoning it, resulting in it being lost or rendered unserviceable;
 (c) the conduct results in it suffering a loss of function or becoming unsafe or unfit for its purpose;
 (d) the conduct limits or prevents access to it or any part of it by persons who are ordinarily entitled to access it or that part of it;
 (e) the conduct results in it or any part of it becoming defective or being contaminated;
 (f) the conduct significantly degrades its quality;
 (g) if it is an electronic system—the conduct seriously disrupts it.
foreign principal has the meaning given by section 90.2.
national security has the meaning given by section 90.4.
prejudice: embarrassment alone is not sufficient to prejudice Australia's national security.
public infrastructure: see section 82.2.

82.2  Public infrastructure

Public infrastructure
 (1) Public infrastructure means any of the following:
 (a) any infrastructure, facility, premises, network or electronic system that belongs to the Commonwealth;
 (b) defence premises within the meaning of Part VIA of the Defence Act 1903;
 (c) service property, and service land, within the meaning of the Defence Force Discipline Act 1982;
 (d) any part of the infrastructure of a telecommunications network within the meaning of the Telecommunications Act 1997;
 (e) any infrastructure, facility, premises, network or electronic system (including an information, telecommunications or financial system) that:
 (i) provides or relates to providing the public with utilities or services (including transport of people or goods) of any kind; and
 (ii) is located in Australia; and
 (iii) belongs to or is operated by a constitutional corporation or is used to facilitate constitutional trade and commerce.
 (2) For the purposes of the application of paragraph (1)(a) or (e) in relation to property within the meaning of Chapter 7, whether the property belongs to the Commonwealth or a constitutional corporation is to be determined in the same way as it would be under Chapter 7 (see section 130.2).

Fault element for offences in relation to public infrastructure
 (3) For the purposes of a reference, in an element of an offence, to public infrastructure within the meaning of this Division, absolute liability applies:
 (a) in relation to public infrastructure within the meaning of paragraph (1)(a)—to the element that