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Preparing or Planning for Sabotage

Preparing or planning for sabotage is an offence under section 82.9 of the Criminal Code Act 1995 (Cth), which carries a maximum penalty of 7 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You engaged in an act, and
  2. Your act was in preparation or planning for a sabotage offence.

Sabotage offences are contained in the following sections of the Act:

82.3: Sabotage involving foreign principal with intention as to national security
82.4: Sabotage involving foreign principal with recklessness as to national security
82.5: Sabotage with intention as to national security
82.6: Sabotage with recklessness as to national security
82.7: Introducing vulnerability with intention as to national security, and

82.8: Introducing vulnerability with recklessness as to national security.

The prosecution does not have to prove that:

  1. A sabotage offence was actually committed
  2. A specific sabotage offence was prepared for or planned, or
  3. Your preparation was for a single sabotage offence only.

Defences to the charge include duress and self defence.

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