Document ID: chunk:federal_register_of_legislation:C2025C00060:section:4:p5
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 4 (pt 5/21)
Character Range: 292904–295767

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.

83.4  Interference with political rights and duties

 (1) A person commits an offence if:
 (a) the person engages in conduct; and
 (b) the conduct involves the use of force or violence, or intimidation, or the making of threats of any kind; and
 (c) the conduct results in interference with the exercise or performance, in Australia by any other person, of an Australian democratic or political right or duty; and
 (d) the right or duty arises under the Constitution or a law of the Commonwealth.
Note: The defence in section 80.3 for acts done in good faith applies to this offence.

            Penalty: Imprisonment for 3 years.

 (2) Absolute liability applies to paragraph (1)(d).

83.5  Consent of Attorney‑General required for prosecutions

 (1) Proceedings for the commitment of a person for trial for an offence against this Division must not be instituted without the written consent of the Attorney‑General.

 (2) However, the following steps may be taken (but no further steps in proceedings may be taken) without consent having been given:
 (a) a person may be arrested for the offence and a warrant for such an arrest may be issued and executed;
 (b) a person may be charged with the offence;
 (c) a person so charged may be remanded in custody or on bail.

 (3) Nothing in subsection (2) prevents the discharge of the accused if proceedings are not continued within a reasonable time.

 (4) In deciding whether to consent, the Attorney‑General must consider whether the conduct might be authorised in a way mentioned in:
 (a) for an offence against section 83.3—subsection 83.3(1A), (1B), (1C), (1D), (2), (3) or (4A); and
 (b) for an offence against section 83.1 or 83.4—section 80.3.

Part 5.2—Espionage and related offences

Division 90—Preliminary

90.1  Definitions
 (1) In this Part:
advantage: conduct will not advantage the national security of a foreign country if the conduct will advantage Australia's national security to an equivalent extent.
article includes any thing, substance or material.
concerns: information or an