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Section 91.1 Criminal Code Act
Espionage

Section 91.1 of the Criminal Code Act 1995 (Cth) is Espionage and is extracted below.

If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your Espionage matter, call Sydney Criminal Lawyers® today on (02) 9261 8881.

91.1  Espionage and similar activities

(1)  A person commits an offence if:

(a)  the person communicates, or makes available:

(i)  information concerning the Commonwealth’s security or defence; or

(ii)  information concerning the security or defence of another country, being information that the person acquired (whether directly or indirectly) from the Commonwealth; and

(b)  the person does so intending to prejudice the Commonwealth’s security or defence; and

(c)  the person’s act results in, or is likely to result in, the information being communicated or made available to another country or a foreign organisation, or to a person acting on behalf of such a country or organisation.

Penalty:  Imprisonment for 25 years.

(2)  A person commits an offence if:

(a)  the person communicates, or makes available:

(i)  information concerning the Commonwealth’s security or defence; or

(ii)  information concerning the security or defence of another country, being information that the person acquired (whether directly or indirectly) from the Commonwealth; and

(b)  the person does so:

(i)  without lawful authority; and

(ii)  intending to give an advantage to another country’s security or defence; and

(c)  the person’s act results in, or is likely to result in, the information being communicated or made available to another country or a foreign organisation, or to a person acting on behalf of such a country or organisation.

Penalty:  Imprisonment for 25 years.

(3)  A person commits an offence if:

(a)  the person makes, obtains or copies a record (in any form) of:

(i)  information concerning the Commonwealth’s security or defence; or

(ii)  information concerning the security or defence of another country, being information that the person acquired (whether directly or indirectly) from the Commonwealth; and

(b)  the person does so:

(i)  intending that the record will, or may, be delivered to another country or a foreign organisation, or to a person acting on behalf of such a country or organisation; and

(ii)  intending to prejudice the Commonwealth’s security or defence.

Penalty:  Imprisonment for 25 years.

(4)  A person commits an offence if:

(a)  the person makes, obtains or copies a record (in any form) of:

(i)  information concerning the Commonwealth’s security or defence; or

(ii)  information concerning the security or defence of another country, being information that the person acquired (whether directly or indirectly) from the Commonwealth; and

(b)  the person does so:

(i)  without lawful authority; and

(ii)  intending that the record will, or may, be delivered to another country or a foreign organisation, or to a person acting on behalf of such a country or organisation; and

(iii)  intending to give an advantage to another country’s security or defence.

Penalty:  Imprisonment for 25 years.

(5)  For the purposes of subparagraphs (3)(b)(i) and (4)(b)(ii), the person concerned does not need to have a particular country, foreign organisation or person in mind at the time when the person makes, obtains or copies the record.

(6)  A person charged with an offence under this section may only be remanded on bail by a judge of the Supreme Court of a State or Territory. This subsection has effect despite anything in section 93.1.

Note:          Section 93.1 deals with how a prosecution is instituted.

(7)  Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to offences under this section.

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Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the criminal law, as well as their ability to obtain excellent results in difficult cases.

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For the best defence in your case, get the experts on your side today. Call us now on
(02) 9261 8881 and book your FREE first conference
with our criminal law specialists.

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