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 119.5   Allowing use of buildings, vessels and aircraft to commit offences   Use of buildings

(1)  
A person commits an offence if:


(a) the person is an owner, lessee, occupier, agent or superintendent of any building, room, premises or other place; and


(b) the person permits a meeting or assembly of persons to be held in that place (whether the person or the place is within or outside Australia); and


(c) by permitting the meeting or assembly to be so held, the person intends to commit, or support or promote the commission of, an offence against section 119.4 ; and


(d) when the person permits the meeting to be so held, 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.

Use of vessels or aircraft

(2)  
A person commits an offence if:


(a) the person is:


(i) an owner, charterer, lessee, operator, agent or master of a vessel; or

(ii) an owner, charterer, lessee, operator or pilot in charge of an aircraft; and


(b) the person permits the vessel or aircraft to be used (whether the person, vessel or aircraft is within or outside Australia); and


(c) by permitting the use, the person intends to commit, or support or promote the commission of, an offence against section 119.4 ; and


(d) when the person permits the use, 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

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

Note:

For absolute liability, see section 6.2 .

Exception

(4)  
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 (4): see subsection 13.3(3) .

Note 2:

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




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