Document ID: chunk:federal_register_of_legislation:C2025C00060:section:4:p20
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 4 (pt 20/21)
Character Range: 331800–334498

a person may be arrested for the offence and a warrant for such an arrest may be issued and executed;
 (b) a person may be charged with the offence;
 (c) a person so charged may be remanded in custody or on bail.

 (3) Nothing in subsection (2) prevents the discharge of the accused if proceedings are not continued within a reasonable time.

 (4) In deciding whether to consent, the Attorney‑General must consider whether the conduct might be authorised:
 (a) for an offence against Subdivision A of Division 91 (espionage)—in a way mentioned in section 91.4; and
 (b) for an offence against Subdivision B of Division 91 (espionage on behalf of foreign principal)—in a way mentioned in section 91.9; and
 (c) for an offence against Subdivision B of Division 92 (foreign interference)—in a way mentioned in section 92.5; and
 (d) for an offence against Subdivision C of Division 92 (foreign interference involving foreign intelligence agencies)—in a way mentioned in section 92.11.

93.2  Hearing in camera etc.
 (1) This section applies to a hearing of an application or other proceedings before a federal court, a court exercising federal jurisdiction or a court of a Territory, whether under this Act or otherwise.
 (2) At any time before or during the hearing, the judge or magistrate, or other person presiding or competent to preside over the proceedings, may, if satisfied that it is in the interests of Australia's national security:
 (a) order that some or all of the members of the public be excluded during the whole or a part of the hearing; or
 (b) order that no report of the whole or a specified part of, or relating to, the application or proceedings be published; or
 (c) make such order and give such directions as he or she thinks necessary for ensuring that no person, without the approval of the court, has access (whether before, during or after the hearing) to any affidavit, exhibit, information or other document used in the application or the proceedings that is on the file in the court or in the records of the court.
 (3) A person commits an offence if the person contravenes an order made or direction given under this section.
Penalty: Imprisonment for 5 years.

93.4  Fault elements for attempted espionage offences

  Despite subsection 11.1(3), the fault element, in relation to each physical element of an offence of attempting to commit an offence against a provision of:
 (a) Subdivision A of Division 91 (espionage); or
 (b) Subdivision B of Division 91 (espionage on behalf of foreign principal);
is the fault element in relation to that physical element of the offence against the provision of Subdivision A or B of Division 91.

93.5  Alternative verdicts