'Question of national security': ACT woman charged with spying for Chinese govt

Refusing the woman's bail application on Monday, August 4, Chief Magistrate Lorraine Walker said the allegation went to the "question of Australia's national security" and the protection of its citizens.

Listening to proceedings through a Mandarin interpreter, the accused Chinese national did not enter a plea to a single count of reckless foreign interference after being refused ACT Magistrates Court bail.

The now-permanent resident, aged in her 30s, first came to Australia in 2007 and owns a small business in Canberra.

She cannot be named after the court agreed to temporarily suppress her name.

The particulars of her charge allege that since 2022, she covertly and deceptively collected information on an organisation on behalf of, or in collaboration with, the government of the People's Republic of China.

The accused woman is said to have been reckless as to whether her conduct would support the intelligence activities of the Chinese government.

According to the Australian Federal Police, she was tasked with gathering information about the Canberra branch of a Buddhist association.

"Police allege that the defendant was personally receiving taskings from a foreign principal, being a Chinese Public Security Bureau officer," the court heard.

A Commonwealth prosecutor opposed the bid for conditional freedom, citing flight risk and evidence interference concerns.

The court heard the woman's husband lived in China, she was intercepted telling an unknown person she planned to leave Australia, and she visited the Chinese consulate after police raided her home.

Police also allege the woman of "substantial means" had received deposits from a Chinese-based financial institution.

The prosecutor said the primary concern was the woman fleeing to China, which would "effectively end the investigation and prosecution".

"There is ample motivation for the defendant to abscond," he said.

He noted there was no extradition treaty between Australia and China, and the allegations of interference on behalf of the Chinese government made it more likely it would refuse any extradition request.

A police officer involved in the case said investigators shared concerns about evidence on the woman's phone being remotely destroyed if she were released.

Defence barrister James Maher said his client had significant financial and property ties to the ACT and was willing to put up a $50,000 surety.

The court also heard the woman was a trusted member of Canberra's Chinese community.

Mr Maher said his client was being closely watched and listened to by police and was "now well and truly aware she's squarely on their radar".

The barrister successfully asked for a non-publication order on the accused woman's identity over concerns she might become the target of "action or reprisal" over the allegations.

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He said her name being published would also act as a deterrent to her cooperating with Australian authorities.

"She may choose to take that path, she may not," he said.

Chief Magistrate Lorraine Walker agreed that publicly identifying the woman "would mean that the horse has bolted" in terms of her offering assistance.

Following the woman's arrest, federal police Counter Terrorism and Special Investigations Assistant Commissioner Stephen Nutt said further charges had not been ruled out.

"Foreign interference is a serious crime that undermines democracy and social cohesion," Assistant Commissioner Nutt said.

"As with other like-minded countries, Australia is not immune to foreign interference, and we should not expect that this arrest will prevent further attempts to target our diaspora communities.

"At a time of permanent regional contest, offenders will attempt to spy on individuals, groups and institutions in Australia."

Australian Security Intelligence Organisation Director-General Mike Burgess said: "Foreign interference of the kind alleged is an appalling assault on Australian values, freedoms and sovereignty."

"In this year's annual threat assessment, I called out these types of activities and put perpetrators on notice by stating, 'we are watching, and we have zero tolerance'.

"Anyone who thinks it is acceptable to monitor, intimidate and potentially repatriate members of our diaspora communities should never underestimate our capabilities and resolve."

According to the federal police, this is only the third time a foreign interference offence has been laid in Australia since new laws were introduced by the Commonwealth in 2018.

It's the first relating to alleged community interference.

The woman is set to face court again in September.