Intentional foreign interference – general offence is a crime under section 92.2(1) of the Criminal Code Act 1995 (Cth), which carries a maximum penalty of 20 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
A ‘foreign principal’ is defined as:
A ‘deception’ is an intentional or reckless deception, whether by words or other conduct, and whether as to fact or as to law, and includes:
A deception was ‘reckless’ if you were aware there was a substantial risk your conduct would deceive, and it was unjustifiable to take that risk but you went ahead with your actions regardless.
A ‘menace’ includes:
You are not guilty if you establish, ‘on the balance of probabilities’, that your conduct was:
The Attorney-General’s consent is required for a prosecution to be commenced under the section, and the hearing may occur ‘in camera’ (in secret) if the court believes this is in the interests of national security.
Duress is a defence to the charge.
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