Knowingly supporting a foreign intelligence agency is an offence under section 92.7 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:
You are not guilty if you establish, ‘on the balance of probabilities’, that your conduct was:
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.
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