Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p143
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 143/268)
Character Range: 728981–731644

if paragraphs 119.1(1)(b) and (2)(b) were disregarded.

119.5  Allowing use of buildings, vessels and aircraft to commit offences

Use of buildings
 (1) A person commits an offence if:
 (a) the person is an owner, lessee, occupier, agent or superintendent of any building, room, premises or other place; and
 (b) the person permits a meeting or assembly of persons to be held in that place (whether the person or the place is within or outside Australia); and
 (c) by permitting the meeting or assembly to be so held, the person intends to commit, or support or promote the commission of, an offence against section 119.4; and
 (d) when the person permits the meeting to be so held, the person:
 (i) is an Australian citizen; or
 (ii) is a resident of Australia; or
 (iii) is a holder under the Migration Act 1958 of a visa; or
 (iv) has voluntarily put himself or herself under the protection of Australia; or
 (v) is a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory.
Penalty: Imprisonment for life.

Use of vessels or aircraft
 (2) A person commits an offence if:
 (a) the person is:
 (i) an owner, charterer, lessee, operator, agent or master of a vessel; or
 (ii) an owner, charterer, lessee, operator or pilot in charge of an aircraft; and
 (b) the person permits the vessel or aircraft to be used (whether the person, vessel or aircraft is within or outside Australia); and
 (c) by permitting the use, the person intends to commit, or support or promote the commission of, an offence against section 119.4; and
 (d) when the person permits the use, the person:
 (i) is an Australian citizen; or
 (ii) is a resident of Australia; or
 (iii) is a holder under the Migration Act 1958 of a visa; or
 (iv) has voluntarily put himself or herself under the protection of Australia; or
 (v) is a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory.
Penalty: Imprisonment for life.

Absolute liability element
 (3) Absolute liability applies to paragraphs (1)(d) and (2)(d).
Note: For absolute liability, see section 6.2.

Exception
 (4) This section does not apply if the person engages in conduct solely by way of, or for the purposes of, the provision of aid of a humanitarian nature.
Note 1: A defendant bears an evidential burden in relation to the matter in subsection (4): see subsection 13.3(3).
Note 2: For conduct for the defence or international relations of Australia, see section 119.9.

119.6  Recruiting persons to join organisations engaged in hostile activities against foreign governments
  A person commits an offence if:
 (a) the person recruits, in Australia,