Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.1 - Treason and related offences  

Division 83 - Other threats to security  

SECTION 83.3   Military-style training involving foreign government principal etc.  

Offence in relation to military-style training

(1)  
A person commits an offence if:


(a) the person provides, receives, or participates in, training; and


(b) the training involves using arms or practising military exercises, movements or evolutions; and


(c) any of the following circumstances exists:


(i) the training is provided on behalf of a foreign government principal within the meaning of Part 5.2 (see section 90.3 ) or a foreign political organisation within the meaning of that Part (see section 90.1 );

(ii) the training is directed, funded or supervised by a foreign government principal or foreign political organisation, or a person acting on behalf of a foreign government principal or foreign political organisation.

Penalty: Imprisonment for 20 years.

Defence - authorised by written agreement

(2)  
Subsection (1) does not apply to a person in relation to conduct engaged in by the person that is authorised by a written agreement to which the Commonwealth is a party.

Note:

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

Defence - solely for service with armed force other than terrorist organisation

(3)  
Subsection (1) does not apply in relation to training a person provides, receives or participates in, if the provision, receipt or participation is solely 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:

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

(4)  
However, subsection (3) does not apply if:


(a) at the time the person engages in the conduct:


(i) the person is in or with an organisation; or

(ii) the training is funded partly by an organisation; and


(b) the organisation is:


(i) a listed terrorist organisation within the meaning of Part 5.3 (see section 100.1 ); or

(ii) a prescribed organisation within the meaning of Part 5.5 (see section 117.1 ).
Defence - humanitarian assistance etc.

(4A)  
Subsection (1) does not apply to a person in relation to conduct engaged in by the person solely or primarily for one or more of the following purposes:


(a) providing aid of a humanitarian nature;


(b) performing an official duty for:


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

(ii) the International Committee of the Red Cross.
Note:

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

Geographical jurisdiction

(5)  
Section 15.2 (extended geographical jurisdiction - category B) applies to an offence against this section.




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