Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p139
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 139/268)
Character Range: 719042–721752

a journalist;
 (g) making a bona fide visit to a family member;
 (h) any other purpose prescribed by the regulations.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3).

Exception—entering or remaining solely for service with armed force other than prescribed organisation
 (4) Subsection (1) does not apply if the person enters, or remains in, the area 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 subsection (4): see subsection 13.3(3).
 (5) However, subsection (4) does not apply if:
 (a) the person enters, or remains in, an area in a foreign country while in or with an organisation; and
 (b) the organisation is a prescribed organisation at the time the person enters or remains in the area as referred to in paragraph (1)(a).
Note 1: For conduct for the defence or international relations of Australia, see section 119.9.
Note 2: Sections 10.1 and 10.3 also provide exceptions to subsection (1) of this section (relating to intervening conduct or event and sudden or extraordinary emergency respectively).

Sunset provision
 (6) This section ceases to have effect at the end of 7 September 2027.

119.3  Declaration of areas for the purposes of section 119.2
 (1) The Foreign Affairs Minister may, by legislative instrument, declare an area in a foreign country for the purposes of section 119.2 if he or she is satisfied that a listed terrorist organisation is engaging in a hostile activity in that area of the foreign country.
 (2) A single declaration may cover areas in 2 or more foreign countries if the Foreign Affairs Minister is satisfied that one or more listed terrorist organisations are engaging in a hostile activity in each of those areas.
 (2A) A declaration must not cover an entire country.

Requirement to brief Leader of the Opposition
 (3) Before making a declaration, the Foreign Affairs Minister must arrange for the Leader of the Opposition in the House of Representatives to be briefed in relation to the proposed declaration.

Cessation of declaration
 (4) A declaration ceases to have effect on the third anniversary of the day on which it takes effect. To avoid doubt, this subsection does not prevent:
 (a) the revocation of the declaration; or
 (b) the making of a new declaration the same in substance as the previous declaration (whether the new declaration is made or