Document ID: chunk:federal_register_of_legislation:C2010A00127:clause:1_15:p1
Version: federal_register_of_legislation:C2010A00127
Segment Type: clause
Provision Reference: sch 1 cl 15 (pt 1/2)
Character Range: 10769–13461

15  After section 80.1 of the Criminal Code
Insert:

80.1AA  Treason—materially assisting enemies etc.

Assisting enemies at war with the Commonwealth
 (1) A person commits an offence if:
 (a) the Commonwealth is at war with an enemy (whether or not the existence of a state of war has been declared); and
 (b) the enemy is specified, by Proclamation made for the purpose of this paragraph, to be an enemy at war with the Commonwealth; and
 (c) the person engages in conduct; and
 (d) the person intends that the conduct will materially assist the enemy to engage in war with the Commonwealth; and
 (e) the conduct assists the enemy to engage in war with the Commonwealth; and
 (f) when the person engages in the conduct, the person:
 (i) is an Australian citizen; or
 (ii) is a resident of Australia; or
 (iii) has voluntarily put himself or herself under the protection of the Commonwealth; or
 (iv) is a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory.
Penalty: Imprisonment for life.
Note: If a body corporate is convicted of an offence against subsection (1), subsection 4B(3) of the Crimes Act 1914 allows a court to impose a fine of up to 10,000 penalty units.
 (2) Despite subsection 12(2) of the Legislative Instruments Act 2003, a Proclamation made for the purpose of paragraph (1)(b) of this section may be expressed to take effect from a day:
 (a) before the day on which the Proclamation is registered under the Legislative Instruments Act 2003; but
 (b) not before the day on which the Proclamation is made.
 (3) The fault element for paragraph (1)(f) is intention.
Note: For intention, see subsection 5.2(2).

Assisting countries etc. engaged in armed hostilities against the ADF
 (4) A person commits an offence if:
 (a) a country or organisation is engaged in armed hostilities against the Australian Defence Force; and
 (b) the person engages in conduct; and
 (c) the person intends that the conduct will materially assist the country or organisation to engage in armed hostilities against the Australian Defence Force; and
 (d) the conduct assists the country or organisation to engage in armed hostilities against the Australian Defence Force; and
 (e) when the person engages in the conduct, the person:
 (i) is an Australian citizen; or
 (ii) is a resident of Australia; or
 (iii) has voluntarily put himself or herself under the protection of the Commonwealth; or
 (iv) is a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory.
Penalty: Imprisonment for life.
Note: If a body corporate is convicted of an offence against subsection (4), subsection 4B(3) of the Crimes Act 1914 allows