Document ID: chunk:federal_register_of_legislation:C2015C00568:clause:1_110:p2
Version: federal_register_of_legislation:C2015C00568
Segment Type: clause
Provision Reference: sch 1 cl 110 (pt 2/11)
Character Range: 132018–134847

Governor‑General makes a regulation prescribing an organisation for the purposes of paragraph (a) of the definition of prescribed organisation in subsection (1), the Minister must be satisfied on reasonable grounds that the organisation is directly or indirectly engaged in, preparing, planning, assisting in or fostering:
 (a) a serious violation of human rights; or
 (b) the engagement, in Australia or a foreign country allied or associated with Australia, in action that falls within subsection 100.1(2) but does not fall within subsection 100.1(3); or
 (c) a terrorist act (within the meaning of section 100.1); or
 (d) an act prejudicial to the security, defence or international relations (within the meaning of section 10 of the National Security Information (Criminal and Civil Proceedings) Act 2004) of Australia.

117.2  Extended geographical jurisdiction—category D
  Section 15.4 (extended geographical jurisdiction—category D) applies (subject to this Part) to an offence against this Part.

Division 119—Foreign incursions and recruitment

119.1  Incursions into foreign countries with the intention of engaging in hostile activities

Offence for entering foreign countries with the intention of engaging in hostile activities
 (1) A person commits an offence if:
 (a) the person enters a foreign country with the intention of engaging in a hostile activity in that or any other foreign country; and
 (b) when the person enters the country, 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.
Penalty: Imprisonment for life.

Offence for engaging in a hostile activity in a foreign country
 (2) A person commits an offence if:
 (a) the person engages in a hostile activity in a foreign country; and
 (b) when the person engages in the activity, 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.
Penalty: Imprisonment for life.

Absolute liability element
 (3) Absolute liability applies to paragraphs (1)(b) and (2)(b).
Note: For absolute liability, see section 6.2.

Exception
 (4) Subsections (1) and (2) do not apply to an act done by a person 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 1: A defendant bears an evidential burden in relation to the matter in subsection (4): see subsection 13.3(3).