An ADF Army Private and self-employed labourer have been arrested and charged with espionage offences. The two Russian-born Australian citizens, a married couple, will face Brisbane Magistrates Court on July 12, 2024, after being arrested at their suburban Brisbane home the day before.
The couple are each charged with one count of preparing for an espionage offence, which carries a maximum penalty of 15 years’ imprisonment. They are accused of obtaining ADF material to share with Russian authorities. The AFP will allege the pair were working together to obtain sensitive information.
It is the first time an espionage offence has been laid in Australia since new laws were introduced by the Commonwealth in 2018.
The AFP alleges that while on long-term leave from the ADF since 2023, the 40-year-old woman undertook non-declared travel to Russia with and without her 62-year-old husband. The AFP says that while the man remained in Australia, she instructed him on how to log into her official work account and guided him to access specific information to send directly to her private email account while she was in Russia.
The AFP says the woman’s ADF account credentials were used on several occasions to access sensitive ADF information with the intent to provide it to Russian authorities. It will also be alleged the information accessed by the couple related to Australian national security interests. Whether that information was provided to Russian authorities remains under investigation, as does the pair’s conduct while overseas.
Under the legislation, the more serious offence of espionage requires a direct evidential link to a foreign principal. As the investigation is ongoing, further charges could be laid at a later date.
AFP Commissioner Reece Kershaw said Operation BURGAZADA was complex but showcased the capability of the AFP to target espionage and foreign interference in Australia. “Espionage is an insidious crime, and at a time of global instability, state actors have ramped up their efforts to obtain information held by Western democracies, including Australia,” he said. “Espionage is not a victimless crime. It has the potential to impact on Australia’s sovereignty, safety and way of life.”
This is the third time the AFP has charged individuals with espionage or foreign interference-related offences since the introduction of the offences into the Criminal Code Act 1995 (Cth).
In February 2024, one person was convicted of preparing or planning a foreign interference offence, and another person remains before the court charged with reckless foreign interference.
“Espionage is not some quaint cold war notion,” said ASIO Director-General Mike Burgess. “Espionage damages our economy and degrades our strategic advantage. It can have catastrophic real-world consequences. ASIO takes its responsibility as Australia’s spy catcher extremely seriously. If you are spying in this country, we are looking for you.”
