Two Russian-born Australian citizens accused of obtaining Australian Defence Force material to share with Russian authorities will face Brisbane Magistrates Court today after being charged with an espionage-related offence.
The AFP arrested a 40-year-old woman, who is an ADF Army Private, and a man, 62, a self-employed labourer, at their home in the Brisbane suburb of Everton Park on the morning of Thursday, 11 July, 2024.
The married pair was charged on Thursday, 11 July, 2024, with one count each of preparing for an espionage offence, which carries a maximum penalty of 15 years' imprisonment.
It is the first time an espionage offence has been laid in Australia since new laws were introduced by the Commonwealth in 2018.
The Counter Foreign Interference Taskforce (CFITF), which includes the AFP, ASIO and other Commonwealth partners, has dedicated significant resources and capabilities to Operation BURGAZADA.
The public can be assured there is no ongoing threat and the CFITF has disrupted the alleged criminality.
The AFP will allege the pair was working together to obtain sensitive information.
The AFP will allege that while on long-term leave from the ADF since 2023, the woman undertook non-declared travel to Russia with and without the man.
The AFP will allege that while the man remained in Australia, the woman 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 will allege the woman's ADF account credentials were used on a number of occasions to access sensitive ADF information, with the intent to provide it to Russian authorities.
It will 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 conduct of the pair 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 dedication and 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," Commissioner Kershaw said.
"Espionage is a crime that is committed in the shadows and in daylight, but Australia, through its mature national security community, is well-placed to identify and disrupt those trying to undermine our democracy.
"Espionage is not a victimless crime. It has the potential to impact on Australia's sovereignty, safety and way of life.
"I want to pay tribute to those in the CFITF who have shown extraordinary tenacity and technique in this complex investigation.
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.
ASIO Director-General Mike Burgess said: "Espionage is real. Multiple countries are seeking to steal Australia's secrets."
"Espionage is not some quaint cold war notion. 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; if you are being spied on in this country, we are looking out for you."
