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National security information could be included in the evidence brief against a Melbourne man charged with foreign interference, a court has been told.
Di Sanh Duong was charged with preparing an act of foreign interference in November last year and his lawyer appeared in the Melbourne Magistrates Court on Monday.
Mr Duong was charged following a year-long investigation involving the Counter Foreign Interference Taskforce headed by spy agency the Australian Security Intelligence Organisation and the Australian Federal Police.
The brief of evidence against the 65-year-old “may show national security information,” prosecutor Christopher Tran told the court.
He said because of this it would be “useful” for the brief be handed over to Attorney-General Christian Porter so he could consider his position.
“If we bring it back in a month’s time that will permit the Attorney-General to get representation and then address the court and confer with the parties,” Mr Tran told the court.
He said the prosecutors wanted to push back Mr Duong’s next court date to allow the country’s top legal officer to consider his position.
The accused’s lawyer Charles Morgan had no objection and also confirmed his client was on bail.
It’s understood Mr Duong is the first person in Australia to be charged with a foreign interference offence since sweeping counterespionage laws were introduced in 2018.
The laws target foreign interference in Australia’s political processes and include offences for theft of trade secrets on behalf of a foreign government.
Mr Duong is now expected to face court in May this year.
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