Document ID: chunk:federal_register_of_legislation:C2025C00060:section:4:p2
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 4 (pt 2/21)
Character Range: 285308–288195

advocating mutiny includes a reference to:
 (i) advocating mutiny even if mutiny does not occur; and
 (ii) advocating a specific mutiny; and
 (iii) advocating more than one mutiny.

 (2) A mutiny is a combination between persons who are, or at least 2 of whom are, members of the Australian Defence Force:
 (a) to overthrow lawful authority in the Australian Defence Force or in a force of another country that is acting in cooperation with the Australian Defence Force; or
 (b) to resist such lawful authority in such a manner as to substantially prejudice the operational efficiency of the Australian Defence Force or of, or of a part of, a force of another country that is acting in cooperation with the Australian Defence Force.
 (3) Strict liability applies to subparagraph (1)(d)(iii).
 (4) Section 15.4 (extended geographical jurisdiction—category D) applies to an offence against this section.

83.2  Assisting prisoners of war to escape

 (1) A person commits an offence if:
 (a) the person engages in conduct; and
 (b) the conduct assists one or more prisoners of war (within the meaning of Article 4 of the Third Geneva Convention) to escape from custody; and
 (c) the custody is controlled wholly or partly by the Commonwealth or the Australian Defence Force; and
 (d) the conduct takes place in the context of an international armed conflict.

            Penalty: Imprisonment for 15 years.

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

 (3) Section 15.4 (extended geographical jurisdiction—category D) applies to an offence against this 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—foreign work authorisation under the Defence Act 1903
 (1A) Subsection (1) does not apply to an individual in relation to conduct engaged in by the individual as part of work (within the meaning of Part IXAA of the Defence Act 1903) or training (within the meaning of that Part) that is authorised by a foreign work authorisation granted to the individual under section 115C of that Act and that is in force at the time the individual engages in