Knowingly funding, being funded by or collecting funds for a foreign intelligence agency is an offence under section 92.9 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.