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 119.4   Preparations for incursions into foreign countries for purpose of engaging in hostile activities   Preparatory acts

(1)  
A person commits an offence if:


(a) the person engages in conduct (whether within or outside Australia); and


(b) the conduct is preparatory to the commission of an offence against section 119.1 (whether by that or any other person); and


(c) when the person engages in the conduct, 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; or

(v) is a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory.

Penalty: Imprisonment for life.

Accumulating weapons etc.

(2)  
A person commits an offence if:


(a) the person (whether within or outside Australia) accumulates, stockpiles or otherwise keeps arms, explosives, munitions, poisons or weapons; and


(b) the person engages in that conduct with the intention that an offence against section 119.1 will be committed (whether by that or any other person); and


(c) when the person engages in the conduct, 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; or

(v) is a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory.

Penalty: Imprisonment for life.

Providing or participating in training

(3)  
A person commits an offence if:


(a) the person engages in any of the following conduct (whether within or outside Australia):


(i) providing military training to another person;

(ii) participating in providing military training to another person;

(iii) being present at a meeting or assembly of persons, where the person intends at that meeting or assembly to provide, or participate in providing, military training to another person; and


(b) the person engages in the conduct intending to prepare the other person to commit an offence against section 119.1 ; and


(c) when the person engages in the conduct, 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; or

(v) is a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory.

Penalty: Imprisonment for life.

(4)  
A person commits an offence if:


(a) the person engages in conduct of either of the following kinds (whether within or outside Australia):


(i) allowing military training to be provided to himself or herself;

(ii) allowing himself or herself to be present at a meeting or assembly of persons intending to allow military training to be provided to himself or herself; and


(b) the person engages in the conduct with the intention of committing an offence against section 119.1 ; and


(c) when the person engages in the conduct, 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; or

(v) is a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory.

Penalty: Imprisonment for life.

Giving or receiving goods and services to promote the commission of an offence

(5)  
A person commits an offence if:


(a) the person engages in any of the following conduct (whether within or outside Australia):


(i) giving money or goods to, or performing services for, any other person, body or association;

(ii) receiving or soliciting money or goods, or the performance of services; and


(b) the person engages in the conduct with the intention of supporting or promoting the commission of an offence against section 119.1 ; and


(c) when the person engages in the conduct, 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; or

(v) is a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory.

Penalty: Imprisonment for life.

Absolute liability element

(6)  
Absolute liability applies to paragraphs (1)(c), (2)(c), (3)(c), (4)(c) and (5)(c).

Note:

For absolute liability, see section 6.2 .

Exception

(7)  
This section does not apply if the person engages in conduct solely by way of, or for the purposes of, the provision of aid of a humanitarian nature.

Note 1:

A defendant bears an evidential burden in relation to the matter in subsection (7): see subsection 13.3(3) .

Note 2:

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

Disregarding paragraphs 119.1(1)(b) and (2)(b)

(8)  
A reference in this section to the commission of an offence against section 119.1 includes a reference to doing an act that would constitute an offence against section 119.1 if paragraphs 119.1(1)(b) and (2)(b) were disregarded.




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