Lawyers for a businessman they say is being used as a "guinea pig" will try to get him out of jail after prosecutors secured more time to confirm the never-before-proven charge against him.
Alexander Csergo, 55, has been behind bars since being charged with reckless foreign interference in April after he allegedly accepted envelopes of cash in exchange for handwritten documents outlining Australia's defence, economic and national security arrangements.
Csergo returned to Sydney's Downing Centre Local Court on Wednesday, appearing on-screen from custody while his mother watched on from the courtroom to hear whether the matter would proceed to a higher court.
However, prosecutors were not ready to certify his charge.
"It's too late for charge certification, the six-month period has elapsed," Csergo's barrister, former ACT attorney-general Bernard Collaery, told the court.
Crown prosecutor Talia Epstein said the department needed the consent of the federal attorney-general's office to proceed and had been advised it would take about eight weeks as she sought an adjournment.
More than 1200 pages of written statements, 2000 emails and 72,000 images are part of the prosecution case.
"This is a complex brief," she said.
"This is a novel offence … it has never been proven before."
Mr Collaery said Csergo's arrest and court proceedings had been of extraordinary interest to all Australians who did business in China.
"This man is a guinea pig," he said.
Magistrate Janet Wahlquist allowed another six weeks to certify the charge.
She had the option of discharging Csergo but said it could present a real disadvantage and an unreasonable further extension if he was then re-charged and the six-month period reset.
"It does seem to me somewhat unreasonable, but I am prepared to extend," she said.
"The attorney-general should be able to make a decision within six weeks."
Mr Collaery sought bail on Wednesday afternoon, however, the application was adjourned to Friday to give the prosecution time to prepare.
"The Crown seeks to put before the court other material that is relevant to an assessment of risk factors including the nature of contact between the defendant and people overseas," Ms Epstein said.
Australian Federal Police also wanted information about contact in jail, she said.
Mr Collaery said he had previously been prevented from conferencing with Csergo in custody.
"The police well and truly know who he's had visit him," he said.
Csergo was living and working in Shanghai in 2021 when he was approached by two people calling themselves Ken and Evelyn.
He allegedly conceded in an interview with police that he suspected the pair were spies soon after meeting them, but he remained in contact with them for two years.
Csergo allegedly returned to Australia with a "shopping list" of spying priorities drawn up for him by the Chinese agents.
If found guilty, he faces up to 15 years in prison.
