Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p145
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 145/268)
Character Range: 733809–736478

in any capacity in or with an armed force in a foreign country.
Penalty: Imprisonment for 10 years.

Exception
 (5) This section does not apply in relation to service of a person in or with an armed force in circumstances if a declaration under subsection 119.8(2) covers the person and the circumstances of the person's service in or with the armed force.
Note 1: A defendant bears an evidential burden in relation to the matter in subsection (5): see subsection 13.3(3).
Note 2: For conduct for the defence or international relations of Australia, see section 119.9.

Armed forces that are not part of the government of a foreign country
 (6) A reference in this section to an armed force 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 AFP 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 AFP 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 AFP 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 AFP 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