National Security Act 2023

31 The foreign power condition

(1) For the purposes of this Part the foreign power condition is met in relation to a person’s conduct if—

(a) the conduct in question, or a course of conduct of which it forms part, is carried out for or on behalf of a foreign power, and

(b) the person knows, or having regard to other matters known to them ought reasonably to know, that to be the case.

(2) The conduct in question, or a course of conduct of which it forms part, is in particular to be treated as carried out for or on behalf of a foreign power if—

(a) it is instigated by a foreign power,

(b) it is under the direction or control of a foreign power,

(c) it is carried out with financial or other assistance provided by a foreign power for that purpose, or

(d) it is carried out in collaboration with, or with the agreement of, a foreign power.

(3) Subsections (1)(a) and (2) may be satisfied by a direct or indirect relationship between the conduct, or the course of conduct, and the foreign power (for example, there may be an indirect relationship through one or more companies).

(4) A person’s conduct may form part of a course of conduct engaged in by the person alone, or by the person and one or more other persons.

(5) The foreign power condition is also met in relation to a person’s conduct if the person intends the conduct in question to benefit a foreign power.

(6) For the purposes of subsection (5) it is not necessary to identify a particular foreign power.

(7) The foreign power condition may be met in relation to the conduct of a person who holds office in or under, or is an employee or other member of staff of, a foreign power, as it may be met in relation to the conduct of any other person.