Federal prosecutors have upgraded the case against a Russian-born Australian couple to conspiracy to commit espionage, in what the Australian Federal Police says is the first use of the offence since national security laws were overhauled in 2018.
The AFP announced on Tuesday evening that a 42-year-old woman and a 64-year-old man, both Australian citizens, are now each facing one count of conspiracy to commit espionage. The charges were upgraded in Brisbane Magistrates Court on Monday after what police described as a comprehensive assessment of the available evidence and the prospects of conviction.
The pair had previously been charged in July 2024 with preparing for an espionage offence. The new charge, under section 91.1(1) of the Commonwealth Criminal Code by virtue of the conspiracy provisions in section 11.5(1), carries a maximum penalty of life imprisonment if a person is convicted.
AFP says allegations reflect serious national security concerns
Assistant Commissioner Cyber and Special Investigations Sandra Booth said the upgraded charges were intended to better reflect the seriousness of the allegations. She said espionage remained one of the most significant national security threats facing Australia, with potential impacts across government, business and the university sector.
Police said the matter forms part of Operation Burgazada, an investigation being run through the Counter Foreign Interference Taskforce. The taskforce brings together the AFP, ASIO and other Commonwealth partners to investigate and disrupt alleged foreign interference and espionage threats.
The AFP said the taskforce had dedicated significant resources and capabilities to the operation, which remains ongoing. No finding has been made against either accused person, and the allegations will need to be tested in court.
What changed in court
The key development is the move from allegations of preparing for an espionage offence to an allegation of conspiracy to commit espionage. In broad terms, conspiracy offences focus on an alleged agreement to commit a crime, while the underlying espionage provisions deal with conduct said to prejudice Australia’s national security or advantage another country’s interests.
The AFP has not publicly detailed the full evidence underpinning the upgraded charges. That is typical in active criminal proceedings, where police and prosecutors must balance public information with the accused persons’ right to a fair trial and the protection of sensitive national security material.
The fact the offence has not previously been laid since the 2018 reforms gives the case wider significance. Those reforms were introduced amid growing concern in Canberra about foreign interference, covert influence and the protection of classified or strategically sensitive information.
Foreign interference remains a priority
Australian authorities have repeatedly warned that espionage and foreign interference are not confined to traditional military or diplomatic targets. Officials have pointed to attempts to access information through universities, technology companies, public agencies, diaspora communities and political networks.
In its latest statement, the AFP said it was committed to working with domestic and international partners to defend Australia from security threats. The agency framed the upgraded charges as part of that broader effort, rather than an isolated investigation.
The case will now continue through the Queensland court system. Further procedural hearings are expected to determine how the prosecution proceeds, including any issues involving classified material, admissible evidence and the timetable for the next stage of the case.
For now, the central facts are limited but significant: two Australian citizens are facing upgraded espionage-related allegations, the maximum penalty is life imprisonment, and federal authorities say the case marks the first time the conspiracy to commit espionage offence has been used under the post-2018 national security framework.
