NSW Labor MLC Shaoquett Moselmane (far right) with his staffer,John Zhang,(second from the left) at a function at NSW Parliament's Jubilee Room in July 2018.Credit:WEMP.app
The reasons include that Mr Zhang used a private social media chat group with Mr Moselmane to encourage the MP to advocate for Chinese state interests.
He is also accused of failing to disclose to Mr Moselmane that he was acting"on behalf of,or in collaboration with"key apparatus of the Chinese Communist Party (CCP),"including the Ministry of State Security and the United Front Work Department".
The Ministry of State Security is China's intelligence and security agency. The United Front Work Department is China's key propaganda and political influence organ.
Mr Zhang is challenging the constitutional validity of the new federal foreign interference laws,specifically the offence of"reckless foreign interference"in section 92.3 of theCriminal Code Act 1995,upon which the warrants are based. The laws were passed in 2018 and this is the first time they have been challenged in court.
He is also seeking to quash the search warrants relied on by AFP agents to raid his Padstow home and sunglasses business in Chipping Norton on June 26,as part of anASIO-led investigation into alleged foreign interference.
He is seeking to quash a third search warrant,issued on July 23,which relates to the Jubilee Room in NSW Parliament House.
Mr Moselmane's home and office were also searched in the June 26 raids. He has been suspended from the NSW Labor Party and has taken indefinite leave from the parliament. He has maintained he is innocent and not asuspect in the investigation.