Document ID: chunk:federal_register_of_legislation:C2015C00568:clause:1_110:p10
Version: federal_register_of_legislation:C2015C00568
Segment Type: clause
Provision Reference: sch 1 cl 110 (pt 10/11)
Character Range: 151780–154457

in a foreign country includes any armed force in a foreign country, whether or not the armed force forms part of the armed forces of the government of that foreign country.
 (7) Without limiting this section, a person recruits another person to serve in or with an armed force in a foreign country if the other person enters a commitment or engagement to serve in any capacity in or with an armed force, whether or not the commitment or engagement is legally enforceable or constitutes legal or formal enlistment in that force.

119.8  Declaration in relation to specified armed forces

Service
 (1) The Minister may, by legislative instrument, declare that section 119.1 or 119.2 does not apply to a specified person or class of persons in any circumstances or specified circumstances if the Minister is satisfied that it is in the interests of the defence or international relations of Australia to permit the service of that person or class of persons in those circumstances in or with:
 (a) a specified armed force in a foreign country; or
 (b) a specified armed force in a foreign country in a specified capacity.

Recruitment
 (2) The Minister may, by legislative instrument, declare that section 119.7 does not apply to a specified person or class of persons in any circumstances or specified circumstances if the Minister is satisfied that it is in the interests of the defence or international relations of Australia to permit the recruitment in Australia of that person or class of persons to serve in those circumstances in or with:
 (a) a specified armed force in a foreign country; or
 (b) a specified armed force in a foreign country in a specified capacity.

119.9  Exception—conduct for defence or international relations of Australia
  This Division does not apply in relation to conduct engaged in by a person acting in the course of the person's duty to the Commonwealth in relation to the defence or international relations of Australia.
Note 1: A defendant bears an evidential burden in relation to the matter in this section: see subsection 13.3(3).
Note 2: See also section 119.12 (declarations for the purposes of proceedings).

119.10  Mode of trial
 (1) A prosecution for any of the following offences is (subject to subsection (2)) to be on indictment:
 (a) an offence against this Division;
 (b) an offence against section 6 of the Crimes Act 1914, or an ancillary offence, that relates to an offence against this Division.
 (2) If the law of a State or Territory provides for a person who pleads guilty to a charge in proceedings for the person's commitment for trial on indictment to be committed to a higher court and dealt with otherwise than on