Sabotage with recklessness as to national security is an offence under section 82.6 of the Criminal Code Act 1995 (Cth) which carries a maximum penalty of 15 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You engaged in conduct that resulted in damage to public infrastructure, and
- You were reckless as to whether your conduct would prejudice Australia’s national security, or advantage the national security of a foreign country.
‘Public infrastructure’ is defined as:
- Any infrastructure, facility, premises, network or electronic system that belongs to the CommonwealthDefence premises within the meaning of the Defence Act 1903
- Service property or service land under the Defence Force Discipline Act 1982
- Telecommunications infrastructure under the Telecommunications Act 1997
- Any infrastructure, facility, premises, network or electronic system that:
- Provides or relates to providing the public with utilities, services or food, or
- Is located in Australia and belongs to or is operated by constitutional corporation or is used to facilitate constitutional trade or commerce, or
- Food intended for the public and produced, distributed or sold by a constitutional corporation for trade or commerce.
Your conduct caused ‘damage to public infrastructure’ if it:
- Destroyed or resulted in its destruction
- Interfered with or abandoned it resulting in loss or unserviceability
- Resulted in loss of function, unsafety or unfitness for purpose
- Limited or prevented access by persons ordinarily entitled to access
- Resulted in defectiveness or contamination
- Degraded its quality, or
- Seriously disrupted an electronic system.
‘National security’ is defined as:
- Defence of the country
- Protection of the country or part thereof
- Protection of the country’s people
- Protection of the integrity of the country’s territory or borders from serious threats
- Carrying out the country’s responsibilities towards any other country in terms of protecting territory or borders, or preventing espionage, sabotage, terrorism or political violence
- The country’s political, military or economic relations with another country
- Protection against espionage, sabotage, terrorism or political violence
- Protection against obstruction, hinderance or interference with the defence force, or
- Foreign interference.
‘Prejudice’ does not include embarrassment alone.
‘Advantage’ does not include conduct that benefits Australia as much or more than the foreign country.
You were ‘reckless’ if you were aware there was a substantial risk that your conduct would prejudice Australia’s national security, or advantage the national security of a foreign country, and it was unjustifiable to take that risk, but you went ahead with your actions regardless.
Defences to the charge include duress and self-defence.
If you are going to court for the offence of Sabotage Reckless as to National Security, call Sydney Criminal Lawyers 24/7 on (02) 9261 8881 to arrange a free first conference with an experienced defence lawyer who will advise you of your options and the best way forward, and fight to secure the optimal outcome.
Read on for more information.
82.6 Offence of sabotage reckless as to national security
(1) A person commits an offence if:
(a) the person engages in conduct; and
(b) the conduct results in damage to public infrastructure; and
(c) the person is reckless as to whether the conduct will:
(i) prejudice Australia’s national security; or
(ii) advantage the national security of a foreign country.
Penalty: Imprisonment for 15 years.
(2) For the purposes of paragraph (1)(c), 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.
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Proven Track Record of Exceptional Results
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We offer fixed fees for most types of criminal cases and services.Our fixed fees apply to a range of Local Court cases such as drink driving, drug possession, fraud, common assault and AVOs, and also specific services such as prison visits, bail applications, appeals and defended hearings.
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Our entire firm is exclusively dedicated to criminal law – which makes us true specialists.
All of our lawyers have years of experience representing clients in criminal cases, and our principal has been certified by the Law Society of NSW as an Accredited Criminal Law Specialist since 2005.
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Our firm’s specialist experience ensures you receive the best possible result, whatever your criminal law case may be.
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Our team is passionate about achieving results, and unlike many other law firms, our lawyers do not have monthly financial ‘budgets’ to meet.
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If you are going to court and wish to arrange a free first consultation, call our 24 hour hotline on (02) 9261 8881 or send us an email at email@example.com.