Criminal Code Act. Australia
Чтение книги онлайн.
Читать онлайн книгу Criminal Code Act - Australia страница 31
Название: Criminal Code Act
Автор: Australia
Издательство: Проспект
Жанр: Юриспруденция, право
isbn: 9785392081615
isbn:
(3) For the purposes of this Part, a place that is occupied by, or a thing that is under the control of, the Commonwealth is taken to belong to the Commonwealth.
(4) This Part applies to and in relation to a document or article regardless of who made it and what information it contains.
Division 91
Offences relating to espionage and similar activities
91.1 Espionage and similar activities
(1) A person commits an offence if:
(a) the person communicates, or makes available:
(i) information concerning the Commonwealth’s security or defence; or
(ii) information concerning the security or defence of another country, being information that the person acquired (whether directly or indirectly) from the Commonwealth; and
(b) the person does so intending to prejudice the Commonwealth’s security or defence; and
(c) the person’s act results in, or is likely to result in, the information being communicated or made available to another country or a foreign organisation, or to a person acting on behalf of such a country or organisation.
Penalty: Imprisonment for 25 years.
(2) A person commits an offence if:
(a) the person communicates, or makes available:
(i) information concerning the Commonwealth’s security or defence; or
(ii) information concerning the security or defence of another country, being information that the person acquired (whether directly or indirectly) from the Commonwealth; and
(b) the person does so:
(i) without lawful authority; and
(ii) intending to give an advantage to another country’s security or defence; and
(c) the person’s act results in, or is likely to result in, the information being communicated or made available to another country or a foreign organisation, or to a person acting on behalf of such a country or organisation.
Penalty: Imprisonment for 25 years.
(3) A person commits an offence if:
(a) the person makes, obtains or copies a record (in any form) of:
(i) information concerning the Commonwealth’s security or defence; or
(ii) information concerning the security or defence of another country, being information that the person acquired (whether directly or indirectly) from the Commonwealth; and
(b) the person does so:
(i) intending that the record will, or may, be delivered to another country or a foreign organisation, or to a person acting on behalf of such a country or organisation; and
(ii) intending to prejudice the Commonwealth’s security or defence.
Penalty: Imprisonment for 25 years.
(4) A person commits an offence if:
(a) the person makes, obtains or copies a record (in any form) of:
(i) information concerning the Commonwealth’s security or defence; or
(ii) information concerning the security or defence of another country, being information that the person acquired (whether directly or indirectly) from the Commonwealth; and
(b) the person does so:
(i) without lawful authority; and
(ii) intending that the record will, or may, be delivered to another country or a foreign organisation, or to a person acting on behalf of such a country or organisation; and
(iii) intending to give an advantage to another country’s security or defence.
Penalty: Imprisonment for 25 years.
(5) For the purposes of subparagraphs (3)(b)(i) and (4)(b)(ii), the person concerned does not need to have a particular country, foreign organisation or person in mind at the time when the person makes, obtains or copies the record.
(6) A person charged with an offence under this section may only be remanded on bail by a judge of the Supreme Court of a State or Territory. This subsection has effect despite anything in section 93.1.
Note: Section 93.1 deals with how a prosecution is instituted.
(7) Section 15.4 of the Criminal Code (extended geographical jurisdiction — category D) applies to offences under this section.
91.2 Defence — information lawfully available
(1) It is a defence to a prosecution of an offence against subsection 91.1(1) or (2) that the information the person communicates or makes available is information that has already been communicated or made available to the public with the authority of the Commonwealth.
(2) It is a defence to a prosecution of an offence against subsection 91.1(3) or (4) that the record of information the person makes, obtains or copies is a record of information that has already been communicated or made available to the public with the authority of the Commonwealth.
Note: A defendant bears an evidential burden in relation to the matters in subsections (1) and (2). See subsection 13.3(3).
Division 93
Prosecutions and hearings
93.1 Institution of prosecution
(1) A prosecution under this Part may be instituted only by, or with the consent of, the Attorney-General or a person acting under the Attorney-General’s direction.
(2) However:
(a) a person charged with an offence against this Part may be arrested, or a warrant for his or her arrest may be issued and executed; and
(b) such a person may be remanded in custody or on bail;
even if the consent of the Attorney-General or a person acting under his or her direction has not been obtained, but no further proceedings are to be taken until that consent has been obtained.
(3) Nothing in this section prevents the discharging of the accused if proceedings are not continued within a reasonable time.
93.2 Hearing in camera etc.
(1) This section applies to a hearing of an application or other proceedings before a federal court, a court exercising federal jurisdiction or a court of a Territory, whether under this Act or otherwise.
(2) СКАЧАТЬ