Going to Court? Book Your Free First Appointment

Knowingly Funding, Being Funded by or Collecting Funds for a Foreign Intelligence Agency

Knowingly funding, being funded by or collecting funds for a foreign intelligence agency is an offence under section 92.9 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:

  1. You directly or indirectly received or obtained funds from, made funds available to, Or collected funds for or on behalf of an organisation, or a person acting on behalf of an organisation
  2. The organisation was a foreign intelligence agency, and
  3. You knew the organisation was a foreign intelligence agency.

You are not guilty if you establish, ‘on the balance of probabilities’, that your conduct was:

  1. In accordance with a law of the Commonwealth
  2. In accordance with an arrangement or agreement to which the Commonwealth was party, or
  3. 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.

What Our Clients Say SEE ALL

  • ★★★★★

    Delivered an outstanding outcome

    I strongly recommend James Clement who delivered an outstanding outcome on my appeal case. His…

  • ★★★★★

    Her ability to navigate complex legal matters with confidence and competence sets her apart

    I want to express my sincere gratitude for the exceptional legal representation provided by Rachel…

  • ★★★★★

    Genuinely changed my life!

    Tandy genuinely changed my life! Would recommend her to anyone.

  • ★★★★★

    Her genuine care and support made all the difference

    Ash is an outstanding lawyer whose expertise in the law is truely commendable. She effortlessly…

Going to Court? Call For Your Free First Appointment

Main Menu

Follow Us

Ask Our AI Assistant

Disclaimer: Response is AI generated general advice only and should not be relied upon without consulting a lawyer.

Saved Articles & Pages

APPOINTMENT BOOKING FORM

Preferred date for conference
Briefly describe your situation:
Do you have a court date?

Your Review & Rating * mandatory fields

Review Text *
Rating (optional)