Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.5 - Foreign incursions and recruitment  

Division 117 - Preliminary  

SECTION 117.1   Definitions  

(1)  
In this Part:

AFP Minister
means the Minister administering the Australian Federal Police Act 1979 .

armed force
does not include an armed force forming part of the Australian Defence Force.

Defence Minister
means the Minister administering the Defence Force Discipline Act 1982 .

engage in a hostile activity
: a person engages in a hostile activity in a foreign country if the person engages in conduct in that country with the intention of achieving one or more of the following objectives (whether or not such an objective is achieved):


(a) the overthrow by force or violence of the government of that or any other foreign country (or of a part of that or any other foreign country);


(b) the engagement, by that or any other person, in action that:


(i) falls within subsection 100.1(2) but does not fall within subsection 100.1(3) ; and

(ii) if engaged in in Australia, would constitute a serious offence;


(c) intimidating the public or a section of the public of that or any other foreign country;


(d) causing the death of, or bodily injury to, a person who is the head of state of that or any other foreign country, or holds, or performs any of the duties of, a public office of that or any other foreign country (or of a part of that or any other foreign country);


(e) unlawfully destroying or damaging any real or personal property belonging to the government of that or any other foreign country (or of a part of that or any other foreign country).

Foreign Affairs Minister
means the Minister administering the Diplomatic Privileges and Immunities Act 1967 .

government
of a foreign country or a part of a foreign country means the authority exercising effective governmental control in that foreign country or that part of that foreign country.

listed terrorist organisation
has the meaning given by subsection 100.1(1) .

military training
means training in the use of arms or explosives, or the practice of military exercises or movements.

prescribed organisation
is:


(a) an organisation that is prescribed by the regulations for the purposes of this paragraph; or


(b) an organisation referred to in paragraph (b) of the definition of terrorist organisation in subsection 102.1(1) .

recruit
includes induce, incite or encourage.

serious offence
means an offence against a law of the Commonwealth, a State or a Territory that is punishable by imprisonment for 2 years or more.

Prescribing organisations

(2)  
Before the Governor-General makes a regulation prescribing an organisation for the purposes of paragraph (a) of the definition of prescribed organisation in subsection (1), the AFP Minister must be satisfied on reasonable grounds that the organisation is directly or indirectly engaged in, preparing, planning, assisting in or fostering:


(a) a serious violation of human rights; or


(b) the engagement, in Australia or a foreign country allied or associated with Australia, in action that falls within subsection 100.1(2) but does not fall within subsection 100.1(3) ; or


(c) a terrorist act (within the meaning of section 100.1 ); or


(d) an act prejudicial to the security, defence or international relations (within the meaning of section 10 of the National Security Information (Criminal and Civil Proceedings) Act 2004) of Australia.

Note:

A court that is sentencing a person who has been convicted of an offence against this Part (except subsection 119.7(2) or (3) ) must warn the person about continuing detention orders (see section 105A.23 ).




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