Document ID: chunk:federal_register_of_legislation:C2020A00088:clause:1_36b:p2
Version: federal_register_of_legislation:C2020A00088
Segment Type: clause
Provision Reference: sch 1 cl 36B (pt 2/2)
Character Range: 5986–7907

2: This section does not apply to conduct of Australian law enforcement or intelligence bodies, or to conduct in the course of certain duties to the Commonwealth (see subsection (8)).
 (6) Words and expressions used in paragraphs (5)(a) to (h) have the same meanings as in Subdivision A of Division 72, sections 101.1, 101.2, 102.2, 102.4, 103.1 and 103.2 and Division 119 of the Criminal Code, respectively. However (to avoid doubt) this does not include the fault elements that apply under the Criminal Code in relation to those provisions of the Criminal Code.
 (7) For the purposes of paragraph (5)(i) and without limitation, a person is not in the service of a declared terrorist organisation to the extent that:
 (a) the person's actions are unintentional; or
 (b) the person is acting under duress or force; or
 (c) the person is providing neutral and independent humanitarian assistance.
 (8) This section does not apply to conduct engaged in by:
 (a) a person in the proper performance of a function of a body, agency or organisation of the Commonwealth, or of a State or Territory, that is responsible for, or deals with, law enforcement, criminal intelligence, criminal investigation, fraud, security intelligence, foreign intelligence or financial intelligence; or
 (b) a person acting in the course of the person's duty to the Commonwealth in relation to the defence, security or international relations of Australia.

General provisions relating to Minister's powers
 (9) The powers of the Minister under this section may only be exercised by the Minister personally.
 (10) Section 47 (notification of decisions) does not apply to a decision of the Minister under this section (see section 36F instead).
 (11) The rules of natural justice do not apply in relation to making a decision or exercising a power under this section.
 (12) A determination made under subsection (1) is not a legislative instrument.