Document ID: chunk:federal_register_of_legislation:C2018C00506:clause:1_4:p3
Version: federal_register_of_legislation:C2018C00506
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 3/4)
Character Range: 31800–34624

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

Defence—solely for service with armed force other than terrorist organisation

 (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)).
 (4) However, subsection (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 conduct engaged in by the person solely or primarily for one or more of the following purposes:
 (a) providing aid of a humanitarian nature;
 (b) performing an official duty for:
 (i) the United Nations or an agency of the United Nations; or
 (ii) the International Committee of the Red Cross.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3)).

Geographical jurisdiction

 (5) Section 15.2 (extended geographical jurisdiction—category B) applies to an offence against this section.

83.4  Interference with political rights and duties

 (1) A person commits an offence if:
 (a) the person engages in conduct; and
 (b) the conduct involves the use of force or violence, or intimidation, or the making of threats of any kind; and
 (c) the conduct results in interference with the exercise or performance, in Australia by any other person, of an Australian democratic or political right or duty; and
 (d) the right or duty arises under the Constitution or a law of the Commonwealth.
Note: The defence in section 80.3 for acts done in good faith applies to this offence.

            Penalty: Imprisonment for 3 years.

 (2) Absolute liability applies to paragraph (1)(d).

83.5  Consent of Attorney‑General required for prosecutions

 (1) Proceedings for the commitment of a person for trial for an offence against this Division must not be instituted without the written consent of the Attorney‑General.

 (2) However, the following steps may be taken (but no further steps