Espionage – providing security classified information is an offence under section 91.3 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:
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.
A ‘foreign principal’ is defined as:
Information or an article has ‘security classification’ if it is accorded secret or top secret classification, or an equivalent, in accordance with the policy framework of the Commonwealth.
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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