Reckless foreign interference by influencing a targeted person is an offence under section 92.3(2) 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 were ‘reckless’ if you were aware that there was a substantial risk that your conduct would bring about a state of affairs described in (3) above, and it was unjustifiable to take that risk but you went ahead with your actions regardless.
A ‘foreign principal’ is defined as:
You may be found guilty of the offence regardless of whether you had a particular foreign principal in mind, or whether you had more than one foreign principal in mind.
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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