Preparing for or planning an espionage offence is a crime under section 91.12 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:
The relevant espionage offences for the purposes of the section are:
You are not guilty if you attempted but failed to commit an offence under section 91.12.
You are also not guilty if your actions were:
Duress is a defence to the charge.
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