Espionage – intentionally providing information to a foreign principal is an offence under section 91.2(1) of the Criminal Code Act 1995 (Cth), which carries a maximum penalty of 25 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
To ‘deal with’ includes to receive, obtain, collect, possess, make a record, copy, alter, conceal, communicate, publish or make available.
To ‘make available’ includes to:
An ‘article’ includes any thing, substance or material.
‘Prejudice’ does not include embarrassment alone.
A ‘foreign principal’ is defined as:
You are not guilty of the offence if you are able to establish, ‘on the balance of probabilities’ that you dealt with the information or article:
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