Document ID: chunk:federal_register_of_legislation:C2018C00506:clause:1_17:p1
Version: federal_register_of_legislation:C2018C00506
Segment Type: clause
Provision Reference: sch 1 cl 17 (pt 1/11)
Character Range: 42947–45863

17  Division 91 of the Criminal Code
Repeal the Division, substitute:

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; or
 (ii) advantage the national security of a foreign country; and
 (d) the conduct results or will result in the information or article being communicated or made available to a foreign principal or a person acting on behalf of a foreign principal.
Note: An alternative verdict may be available for an offence against this subsection (see section 93.5).

            Penalty: Imprisonment for life.

Reckless as to national security

 (2) 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 is reckless as to whether the person's conduct will:
 (i) prejudice Australia's national security; or
 (ii) advantage the national security of a foreign country; and
 (d) the conduct results or will result in the information or article being communicated or made available to a foreign principal or a person acting on behalf of a foreign principal.

            Penalty: Imprisonment for 25 years.

Other matters

 (4) For the purposes of subparagraphs (1)(c)(ii) and (2)(c)(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) and (2)(d), 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.

91.2  Espionage—dealing with information etc. 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 person intends that the person's conduct will prejudice Australia's national security; and
 (c) the conduct results or will result in the information or article being communicated or made available to a foreign principal or a person acting on behalf of a foreign principal.
Note: An alternative verdict may be available for an offence against this subsection (see section 93.5).

            Penalty: Imprisonment for 25 years.

Reckless as to national security

 (2) A person commits an offence if:
 (a) the person deals with information or an article; and