Document ID: chunk:federal_register_of_legislation:C2025C00060:section:4:p39
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 4 (pt 39/44)
Character Range: 267507–270451

Commonwealth or the Australian Defence Force; and
 (ii) declared in a Proclamation made under section 80.1AB to be an enemy engaged in armed conflict involving the Commonwealth or the Australian Defence Force; or
 (f) with the intention of causing violence or creating public disorder or a public disturbance.
 (3) Without limiting subsection (2), in considering a defence under subsection (1) in respect of an offence against Subdivision C, the Court may have regard to any relevant matter, including whether the acts were done:
 (a) in the development, performance, exhibition or distribution of an artistic work; or
 (b) in the course of any statement, publication, discussion or debate made or held for any genuine academic, artistic or scientific purpose or any other genuine purpose in the public interest; or
 (c) in the dissemination of news or current affairs.

80.4  Extended geographical jurisdiction for offences
 (1) Subject to subsection (2), section 15.4 (extended geographical jurisdiction—category D) applies to an offence against this Division.
 (2) Section 15.2 (extended geographical jurisdiction—category B) applies to an offence against:
 (a) section 80.1AC; or
 (b) subsection 80.2A(2); or
 (c) subsection 80.2B(2); or
 (ca) subsection 80.2BA(2); or
 (cb) subsection 80.2BB(2); or
 (cc) subsection 80.2BC(2); or
 (cd) subsection 80.2BD(2); or
 (ce) subsection 80.2BE(2); or
 (d) subsection 80.2C(1); or
 (e) subsection 80.2H(1); or
 (ea) subsection 80.2HA(1); or
 (f) subsection 80.2J(1); or
 (fa) subsection 80.2JA(1); or
 (g) subsection 80.2M(1).

80.6  Division not intended to exclude State or Territory law
  It is the intention of the Parliament that this Division is not to apply to the exclusion of a law of a State or a Territory to the extent that the law is capable of operating concurrently with this Division.

Division 82—Sabotage

Subdivision A—Preliminary

82.1  Definitions

  In this Division:
advantage: conduct will not advantage the national security of a foreign country if the conduct will advantage Australia's national security to an equivalent extent.
damage to public infrastructure: conduct results in damage to public infrastructure if any of the following paragraphs apply in relation to public infrastructure:
 (a) the conduct destroys it or results in its destruction;
 (b) the conduct involves interfering with it, or abandoning it, resulting in it being lost or rendered unserviceable;
 (c) the conduct results in it suffering a loss of function or becoming unsafe or unfit for its purpose;
 (d) the conduct limits or prevents access to it or any part of it by persons who are ordinarily entitled to access it or that part of it;
 (e) the conduct results in it or any part of it becoming defective or being contaminated;
 (f) the conduct significantly degrades its quality;
 (g) if it is an electronic system—the conduct seriously disrupts it.
foreign principal has the meaning given by