Intentional foreign interference by influencing a targeted person is an offence under section 92.2(2) 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:
- You engaged in conduct
- Your conduct was on behalf of, or in collaboration with, a foreign principal, or a person acting on behalf of a foreign principal, or was directed, funded or supervised by a foreign principal, or a person acting on a foreign principal’s behalf
- You intended by your conduct to influence another person (‘the target’):
(a) In relation to a political or governmental process of the Commonwealth, or of a state or territory within the Commonwealth, or
(b) In the target’s exercise of any Australian democratic or political right or duty, whether in Australia or overseas, and
- You concealed from, or failed to disclose to, the target that your conduct was on behalf of, or in collaboration with, a foreign principal, or a person acting for a foreign principal, or was directed, funded or supervised by a foreign principal or a person acting on a foreign principal’s behalf.
A ‘foreign principal’ is defined as:
- A foreign government principal
- A foreign political organisation
- A public international organisation
- A terrorist organisation, or
- An entity or organisation owned, directed or controlled by a foreign principal/s.
You are not guilty if you establish, ‘on the balance of probabilities’, that your conduct was:
- In accordance with a law of the Commonwealth
- In accordance with an arrangement or agreement to which the Commonwealth was party, or
- In your capacity as a public official.
The Attorney-General’s consent is required for a prosecution to be commenced under the section
And the hearing may occur ‘in camera’ (in secret) if the court believes this is in the interests of national security
Duress is a defence to the charge.