In forceUpdated to 5 Dec 2025

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Foreign Interference (Countermeasures) Act 2021 · Updated to 5 Dec 2025 · Part 2 · Foreign Interference by Electronic Communications Activity

19. Preparing for or planning an offence under section 17 or 18

(1)

A person commits an offence if —

(a)

the person engages in conduct; and

(b)

the person does so with the intention of preparing for, or planning, the commission of an offence under section 17 or 18.

(2)

Subsection (1) applies —

(a)

whether or not an offence under section 17 or 18 is committed;

(b)

whether or not the person engages in the conduct in preparation for, or planning, a specific offence under section 17 or 18; and

(c)

whether or not the person engages in the conduct in preparation for, or planning, more than one such offence.

(3)

Section 38 of the Interpretation Act 1965 and section 511 of the Penal Code 1871 do not apply in relation to an offence under section 17 or 18.

(4)

A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

where the offence involves an intention of preparing for, or planning, the commission of an offence under section 17 —

(i)

if the person is an individual, to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 5 years or to both; or (ii)in any other case, to a fine not exceeding $300,000; and

(b)

where the offence involves an intention of preparing for, or planning, the commission of an offence under section 18 —

(i)

if the person is an individual, to a fine not exceeding $60,000 or to imprisonment for a term not exceeding 9 years or to both; or (ii)in any other case, to a fine not exceeding $600,000.

Part 3