Document ID: chunk:federal_register_of_legislation:C2015C00568:clause:1_110:p1
Version: federal_register_of_legislation:C2015C00568
Segment Type: clause
Provision Reference: sch 1 cl 110 (pt 1/11)
Character Range: 129521–132303

110  At the end of Chapter 5 of the Criminal Code
Add:

Part 5.5—Foreign incursions and recruitment

Division 117—Preliminary

117.1  Definitions
 (1) In this Part:
armed force does not include an armed force forming part of the Australian Defence Force.
Defence Minister means the Minister administering the Defence Force Discipline Act 1982.
engage in a hostile activity: a person engages in a hostile activity in a foreign country if the person engages in conduct in that country with the intention of achieving one or more of the following objectives (whether or not such an objective is achieved):
 (a) the overthrow by force or violence of the government of that or any other foreign country (or of a part of that or any other foreign country);
 (b) the engagement, by that or any other person, in action that:
 (i) falls within subsection 100.1(2) but does not fall within subsection 100.1(3); and
 (ii) if engaged in in Australia, would constitute a serious offence;
 (c) intimidating the public or a section of the public of that or any other foreign country;
 (d) causing the death of, or bodily injury to, a person who is the head of state of that or any other foreign country, or holds, or performs any of the duties of, a public office of that or any other foreign country (or of a part of that or any other foreign country);
 (e) unlawfully destroying or damaging any real or personal property belonging to the government of that or any other foreign country (or of a part of that or any other foreign country).
Foreign Affairs Minister means the Minister administering the Diplomatic Privileges and Immunities Act 1967.
government of a foreign country or a part of a foreign country means the authority exercising effective governmental control in that foreign country or that part of that foreign country.
listed terrorist organisation has the meaning given by subsection 100.1(1).
military training means training in the use of arms or explosives, or the practice of military exercises or movements.
prescribed organisation is:
 (a) an organisation that is prescribed by the regulations for the purposes of this paragraph; or
 (b) an organisation referred to in paragraph (b) of the definition of terrorist organisation in subsection 102.1(1).
recruit includes induce, incite or encourage.
serious offence means an offence against a law of the Commonwealth, a State or a Territory that is punishable by imprisonment for 2 years or more.

Prescribing organisations
 (2) Before the Governor‑General makes a regulation prescribing an organisation for the purposes of paragraph (a) of the definition of prescribed organisation in subsection (1), the Minister must be satisfied on reasonable grounds that the organisation is directly or indirectly engaged in, preparing,