Document ID: chunk:federal_register_of_legislation:C2025C00060:section:4:p4
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 4 (pt 4/21)
Character Range: 290426–293166

(a) the individual is not a foreign work restricted individual (within the meaning of Part IXAA of the Defence Act 1903); and
 (b) the individual is:
 (i) an Australian citizen; or
 (ii) a permanent resident of Australia (within the meaning of that Part); and
 (c) the individual provides training (within the meaning of that Part); and
 (d) either:
 (i) the training relates to goods, software or technology within the scope of Part 1 of the Defence and Strategic Goods List (within the meaning of the Defence Trade Controls Act 2012); or
 (ii) the training relates to military tactics, military techniques or military procedures; and
 (e) the training is provided to, or on behalf of:
 (i) a government body (within the meaning of Part IXAA of the Defence Act 1903) of a foreign country; or
 (ii) a military organisation (within the meaning of Part IXAA of the Defence Act 1903) of a foreign country; and
 (f) the foreign country is covered by an instrument in force under subsection 115(3) of the Defence Act 1903 at the time the individual provides the training.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3)).

Defence—authorised by written agreement

 (2) Subsection (1) does not apply to a person in relation to conduct engaged in by the person that is authorised by a written agreement to which the Commonwealth is a party.

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

Defence—solely for service with armed force

 (3) Subsection (1) does not apply in relation to training a person provides, receives or participates in, if the provision, receipt or participation is solely in the course of, and as part of, the person's service in any capacity in or with:
 (a) the armed forces of the government of a foreign country; or
 (b) any other armed force, if a declaration under subsection 119.8(1) covers the person and the circumstances of the person's service in or with the force.

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

Exception to subsection (1B) or (3)—terrorist organisation
 (4) Subsection (1B) or (3) does not apply if:
 (a) at the time the person engages in the conduct:
 (i) the person is in or with an organisation; or
 (ii) the training is funded partly by an organisation; and
 (b) the organisation is:
 (i) a listed terrorist organisation within the meaning of Part 5.3 (see section 100.1); or
 (ii) a prescribed organisation within the meaning of Part 5.5 (see section 117.1).

Defence—humanitarian assistance etc.
 (4A) Subsection (1) does not apply to a person in relation to