Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p135
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 135/268)
Character Range: 708882–711757

any other person by the conduct.
Penalty: Imprisonment for 20 years.
 (2) Absolute liability applies to paragraph (1)(c).

115.4  Recklessly causing serious harm to an Australian citizen or a resident of Australia
 (1) A person commits an offence if:
 (a) the person engages in conduct outside Australia; and
 (b) the conduct causes serious harm to another person; and
 (c) the other person is an Australian citizen or a resident of Australia; and
 (d) the first‑mentioned person is reckless as to causing serious harm to the Australian citizen or resident of Australia or any other person by the conduct.
Penalty: Imprisonment for 15 years.
 (2) Absolute liability applies to paragraph (1)(c).

115.5  Saving of other laws
  This Division is not intended to exclude or limit the operation of any other law of the Commonwealth or of a State or Territory.

115.6  Bringing proceedings under this Division
 (1) Proceedings for an offence under this Division must not be commenced without the Attorney‑General's written consent.
 (2) However, a person may be arrested, charged, remanded in custody, or released on bail, in connection with an offence under this Division before the necessary consent has been given.

115.7  Ministerial certificates relating to proceedings
 (1) A Minister who administers one or more of the following Acts:
 (a) the Australian Citizenship Act 2007;
 (b) the Migration Act 1958;
 (c) the Australian Passports Act 2005;
may issue a certificate stating that a person is or was an Australian citizen or a resident of Australia at a particular time.
 (2) In any proceedings, a certificate under this section is prima facie evidence of the matters in the certificate.

115.8  Geographical jurisdiction
  Each offence against this Division applies:
 (a) whether or not a result of the conduct constituting the alleged offence occurs in Australia; and
 (b) if the alleged offence is an ancillary offence and the conduct to which the ancillary offence relates occurs outside Australia—whether or not the conduct constituting the ancillary offence occurs in Australia.

115.9  Meaning of causes death or harm
  In this Division, a person's conduct causes death or harm if it substantially contributes to the death or harm.

Part 5.5—Foreign incursions and recruitment

Division 117—Preliminary

117.1  Definitions
 (1) In this Part:
AFP Minister means the Minister administering the Australian Federal Police Act 1979.
armed force does not include an armed force forming part of the Australian Defence Force.
Defence Minister means the Minister administering the Defence Force Discipline Act 1982.
engage in a hostile activity: a person engages in a hostile activity in a foreign country if the person engages in conduct in that country with the intention of achieving one or more of the following objectives (whether or not such an objective is achieved):