Document ID: chunk:federal_register_of_legislation:C2004A01339:clause:1_15
Version: federal_register_of_legislation:C2004A01339
Segment Type: clause
Provision Reference: sch 1 cl 15
Character Range: 22539–24033

15  At the end of section 6
Add:

 (5) Paragraph (4)(a) does not apply if:
 (a) a person enters a foreign State with intent to engage in a hostile activity in that foreign State while in or with an organisation; and
 (b) the organisation is a prescribed organisation at the time of entry.

 (6) Paragraph (4)(a) does not apply if:
 (a) a person engages in a hostile activity in a foreign State while in or with an organisation; and
 (b) the organisation is a prescribed organisation at the time when the person engages in that hostile activity.

 (7) For the purposes of subsections (5) and (6), prescribed organisation means:
 (a) an organisation that is prescribed by the regulations for the purposes of this paragraph; or
 (b) an organisation referred to in paragraph (b), (c), (d) or (e) of the definition of terrorist organisation in subsection 102.1(1) of the Criminal Code.

 (8) Before the Governor‑General makes a regulation prescribing an organisation for the purposes of paragraph (7)(a), the Minister must be satisfied on reasonable grounds that the organisation is directly or indirectly engaged in, preparing, planning, assisting in or fostering:
 (a) a serious violation of human rights; or
 (b) armed hostilities against the Commonwealth or a foreign State allied or associated with the Commonwealth; or
 (c) a terrorist act (as defined in section 100.1 of the Criminal Code); or
 (d) an act prejudicial to the security, defence or international relations of the Commonwealth.