Aggravated Espionage
Aggravated Espionage is an offence under section 91.6 of the Criminal Code Act 1995 (Cth), which carries a maximum penalty of:
- 25 years in prison where the maximum for the underlying offence was 20 years, or
- Life in prison where the maximum for the underlying offence was 25 years.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You were guilty of an espionage offence under:
- Section 91.1(1) – Intentionally providing national security information to foreign principal
- Section 91.2 – Intentionally providing information to a foreign principal, or
- Section 91.3 – Providing security classified information, and
- You dealt with the information or an article of a foreign intelligence agency, or you dealt with 5 or more records or articles which had security classifications, or you altered a record or article to remove or conceal its security classification, or you held an Australian government security clearance allowing access to the material.
Duress and self-defence are defences to the charge.
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