Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p138
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 138/268)
Character Range: 716597–719296

with the force.
Note 1: A defendant bears an evidential burden in relation to the matter in subsection (4): see subsection 13.3(3).
Note 2: For conduct for the defence or international relations of Australia, see section 119.9.
 (5) Paragraph (4)(a) does not apply if:
 (a) the person intends to engage, or engages, in a hostile activity in a foreign country while in or with an organisation; and
 (b) the organisation is a prescribed organisation at the following time:
 (i) for subsection (1)—the time of the entry referred to in that subsection;
 (ii) for subsection (2)—the time the person engages in the hostile activity referred to in that subsection.

119.2  Entering, or remaining in, declared areas
 (1) A person commits an offence if:
 (a) the person enters, or remains in, an area in a foreign country; and
 (b) the area is an area declared by the Foreign Affairs Minister under section 119.3; and
 (c) when the person enters the area, or at any time when the person is in the area, 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 10 years.

Absolute liability element
 (2) Absolute liability applies to paragraph (1)(c).
Note: For absolute liability, see section 6.2.

Exception—entering or remaining solely for legitimate purposes
 (3) Subsection (1) does not apply if the person enters, or remains in, the area solely for one or more of the following purposes:
 (a) providing aid of a humanitarian nature;
 (b) satisfying an obligation to appear before a court or other body exercising judicial power;
 (c) performing an official duty for the Commonwealth, a State or a Territory;
 (d) performing an official duty for the government of a foreign country or the government of part of a foreign country (including service in the armed forces of the government of a foreign country), where that performance would not be a violation of the law of the Commonwealth, a State or a Territory;
 (e) 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;
 (f) making a news report of events in the area, where the person is working in a professional capacity as a journalist or is assisting another person working in a professional capacity as 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