Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.3A - State sponsors of terrorism  

Division 112 - Dealings with state sponsor of terrorism  

SECTION 112.8   General defences  

(1)    
It is not an offence against this Division to do any of the following:

(a)    do a thing that an individual must do in order to comply with:

(i) an order of a court or other body exercising judicial power; or

(ii) a requirement, of a kind specified in subsection (2) , under a law of a foreign country that is the country to which a state sponsor of terrorism belongs, or a law of a part of such a country;

(b)    do a thing in accordance with an arrangement or agreement to which the Commonwealth is a party;

(c)    perform an official duty or function for the Commonwealth, a State or a Territory;

(d)    perform an official duty or function for the government of a foreign country or the government of part of a foreign country, if:

(i) the foreign country is not the country to which a state sponsor of terrorism belongs; and

(ii) that performance would not contravene any law of the Commonwealth, a State or a Territory if the performance occurred in Australia;

(e)    perform an official duty or function for:

(i) the United Nations or an agency of the United Nations; or

(ii) the International Committee of the Red Cross;

(f)    receive or obtain a service, or a payment of social security (however described), to which subsection (3) applies, or engage with a state sponsor of terrorism in relation to such a service or payment.

Note 1:

A defendant bears an evidential burden in relation to the matters in subsection (1) (see subsection 13.3(3) ).

Note 2:

For paragraph (d) , an example of performing an official duty or function for the government of a foreign country is serving in the armed forces of a foreign country.

Note 3:

For paragraph (f) , an example of engaging, in relation to a service, is making a complaint about the service.

(2)    
For the purposes of subparagraph (1)(a)(ii) , the following kinds of requirement are specified:

(a)    a requirement to pay a tax, fee, fine or levy (however described);

(b)    a requirement prescribed by the regulations for the purposes of this paragraph.

(3)    
For the purposes of paragraph (1)(f) , this subsection applies to a service or a payment if the service or payment:

(a)    is provided by a state sponsor of terrorism; and

(b)    does not relate to support or facilitation of a state terrorist act; and

(c)    could not reasonably be obtained from another person or body.