Document ID: chunk:federal_register_of_legislation:C2006C00754:clause:7_12:p2
Version: federal_register_of_legislation:C2006C00754
Segment Type: clause
Provision Reference: sch 7 cl 12 (pt 2/3)
Character Range: 200366–203017

Urging a person to assist those engaged in armed hostilities

 (8) A person commits an offence if:
 (a) the person urges another person to engage in conduct; and
 (b) the first‑mentioned person intends the conduct to assist an organisation or country; and
 (c) the organisation or country is engaged in armed hostilities against the Australian Defence Force.

Penalty: Imprisonment for 7 years.

Defence

 (9) Subsections (7) and (8) do not apply to engagement in conduct 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 (9). See subsection 13.3(3).

Note 2: There is a defence in section 80.3 for acts done in good faith.

80.3  Defence for acts done in good faith

 (1) Sections 80.1 and 80.2 do not apply to a person who:
 (a) tries in good faith to show that any of the following persons are mistaken in any of his or her counsels, policies or actions:
 (i) the Sovereign;
 (ii) the Governor‑General;
 (iii) the Governor of a State;
 (iv) the Administrator of a Territory;
 (v) an adviser of any of the above;
 (vi) a person responsible for the government of another country; or
 (b) points out in good faith errors or defects in the following, with a view to reforming those errors or defects:
 (i) the Government of the Commonwealth, a State or a Territory;
 (ii) the Constitution;
 (iii) legislation of the Commonwealth, a State, a Territory or another country;
 (iv) the administration of justice of or in the Commonwealth, a State, a Territory or another country; or
 (c) urges in good faith another person to attempt to lawfully procure a change to any matter established by law, policy or practice in the Commonwealth, a State, a Territory or another country; or
 (d) points out in good faith any matters that are producing, or have a tendency to produce, feelings of ill‑will or hostility between different groups, in order to bring about the removal of those matters; or
 (e) does anything in good faith in connection with an industrial dispute or an industrial matter; or
 (f) publishes in good faith a report or commentary about a matter of public interest.

Note: A defendant bears an evidential burden in relation to the matter in subsection (1). See subsection 13.3(3).

 (2) In considering a defence under subsection (1), the Court may have regard to any relevant matter, including whether the acts were done:
 (a) for a purpose intended to be prejudicial to the safety or defence of the Commonwealth; or
 (b) with the intention of assisting an enemy:
 (i) at war with the Commonwealth; and
 (ii) specified by