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 119 - Foreign incursions and recruitment  

SECTION 119.1   Incursions into foreign countries with the intention of engaging in hostile activities   Offence for entering foreign countries with the intention of engaging in hostile activities

(1)  
A person commits an offence if:


(a) the person enters a foreign country with the intention of engaging in a hostile activity in that or any other foreign country; and


(b) when the person enters the country, the person:


(i) is an Australian citizen; or

(ii) is a resident of Australia; or

(iii) is a holder under the Migration Act 1958 of a visa; or

(iv) has voluntarily put himself or herself under the protection of Australia.

Penalty: Imprisonment for life.

Offence for engaging in a hostile activity in a foreign country

(2)  
A person commits an offence if:


(a) the person engages in a hostile activity in a foreign country; and


(b) when the person engages in the activity, the person:


(i) is an Australian citizen; or

(ii) is a resident of Australia; or

(iii) is a holder under the Migration Act 1958 of a visa; or

(iv) has voluntarily put himself or herself under the protection of Australia.

Penalty: Imprisonment for life.

Absolute liability element

(3)  
Absolute liability applies to paragraphs (1)(b) and (2)(b).

Note:

For absolute liability, see section 6.2 .

Exception

(4)  
Subsections (1) and (2) do not apply to an act done by a person in the course of, and as part of, the person ' s service in any capacity in or with:


(a) the armed forces of the government of a foreign country; or


(b) any other armed force if a declaration under subsection 119.8(1) covers the person and the circumstances of the person ' s service in or with the force.

Note 1:

A defendant bears an evidential burden in relation to the matter in subsection (4): see subsection 13.3(3) .

Note 2:

For conduct for the defence or international relations of Australia, see section 119.9 .

(5)  
Paragraph (4)(a) does not apply if:


(a) the person intends to engage, or engages, in a hostile activity in a foreign country while in or with an organisation; and


(b) the organisation is a prescribed organisation at the following time:


(i) for subsection (1) - the time of the entry referred to in that subsection;

(ii) for subsection (2) - the time the person engages in the hostile activity referred to in that subsection.



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