Document ID: chunk:federal_register_of_legislation:C2015C00568:clause:1_110:p5
Version: federal_register_of_legislation:C2015C00568
Segment Type: clause
Provision Reference: sch 1 cl 110 (pt 5/11)
Character Range: 139531–142311

the third anniversary of the day on which it takes effect. To avoid doubt, this subsection does not prevent:
 (a) the revocation of the declaration; or
 (b) the making of a new declaration the same in substance as the previous declaration (whether the new declaration is made or takes effect before or after the previous declaration ceases to have effect because of this subsection).
Note: An offence committed in relation to the declared area before the cessation can be prosecuted after the cessation: see section 7 of the Acts Interpretation Act 1901 as it applies because of paragraph 13(1)(a) of the Legislative Instruments Act 2003.
 (5) If:
 (a) an area is declared under subsection (1); and
 (b) the Foreign Affairs Minister ceases to be satisfied that a listed terrorist organisation is engaging in a hostile activity in the area;
the Foreign Affairs Minister must revoke the declaration.
Note: The Foreign Affairs Minister may, for example, cease to be satisfied that a listed terrorist organisation is engaging in a hostile activity in the area if the organisation ceases to be specified in the regulations.
 (6) To avoid doubt, subsection (5) does not prevent an area from being subsequently declared if the Foreign Affairs Minister becomes satisfied as mentioned in subsection (1).

Review of declaration
 (7) The Parliamentary Joint Committee on Intelligence and Security may review a declaration before the end of the period during which the declaration may be disallowed under section 42 of the Legislative Instruments Act 2003.

119.4  Preparations for incursions into foreign countries for purpose of engaging in hostile activities

Preparatory acts
 (1) A person commits an offence if:
 (a) the person engages in conduct (whether within or outside Australia); and
 (b) the conduct is preparatory to the commission of an offence against section 119.1 (whether by that or any other person); and
 (c) when the person engages in the conduct, 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.

Accumulating weapons etc.
 (2) A person commits an offence if:
 (a) the person (whether within or outside Australia) accumulates, stockpiles or otherwise keeps arms, explosives, munitions, poisons or weapons; and
 (b) the person engages in that conduct with the intention that an offence against section 119.1 will be committed (whether by that or any other person); and
 (c) when the person engages in the conduct, the person:
 (i) is an Australian citizen;