Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.1 - Treason and related offences  

Division 83 - Other threats to security  

SECTION 83.3   Military-style training involving foreign government principal etc.  

Offence in relation to military-style training

(1)    
A person commits an offence if:

(a)    the person provides, receives, or participates in, training; and

(b)    the training involves using arms or practising military exercises, movements or evolutions; and

(c)    any of the following circumstances exists:

(i) the training is provided on behalf of a foreign government principal within the meaning of Part 5.2 (see section 90.3 ) or a foreign political organisation within the meaning of that Part (see section 90.1 );

(ii) the training is directed, funded or supervised by a foreign government principal or foreign political organisation, or a person acting on behalf of a foreign government principal or foreign political organisation.

Penalty: Imprisonment for 20 years.

Defence - foreign work authorisation under the Defence Act 1903

(1A)    
Subsection (1) does not apply to an individual in relation to conduct engaged in by the individual as part of work (within the meaning of Part IXAA of the Defence Act 1903 ) or training (within the meaning of that Part) that is authorised by a foreign work authorisation granted to the individual under section 115C of that Act and that is in force at the time the individual engages in the conduct.

Note:

A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) ).

Defence - class of individuals who are not foreign work restricted individuals

(1B)    
Subsection (1) does not apply to an individual if:

(a)    the individual provides training (within the meaning of Part IXAA of the Defence Act 1903 ); and

(b)    the individual is included in a class of individuals covered by an instrument in force under subsection 115(1) of that Act at the time the individual provides the training; and

(c)    neither of the following apply:

(i) the training relates to goods, software or technology within the scope of Part 1 of the Defence and Strategic Goods List (within the meaning of the Defence Trade Controls Act 2012 );

(ii) the training relates to military tactics, military techniques or military procedures; and

(d)    the training is provided to, or on behalf of:

(i) a government body (within the meaning of Part IXAA of the Defence Act 1903 ) of a foreign country; or

(ii) a military organisation (within the meaning of Part IXAA of the Defence Act 1903 ) of a foreign country; and

(e)    the foreign country is a relevant foreign country (within the meaning of Part IXAA of the Defence Act 1903 ).

Note:

A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) ).

Defences - countries that are not relevant foreign countries

(1C)    
Subsection (1) does not apply to an individual if:

(a)    the individual is a foreign work restricted individual (within the meaning of Part IXAA of the Defence Act 1903 ); and

(b)    the individual provides training (within the meaning of that Part); and

(c)    the training is provided to, or on behalf of:

(i) a government body (within the meaning of that Part) of a foreign country; or

(ii) a military organisation (within the meaning of that Part) of a foreign country; and

(d)    the foreign country is covered by an instrument in force under subsection 115(3) of that Act at the time the individual provides the training.

Note:

A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) ).

(1D)    
Subsection (1) does not apply to an individual if:

(a)    the individual is not a foreign work restricted individual (within the meaning of Part IXAA of the Defence Act 1903 ); and

(b)    the individual is:

(i) an Australian citizen; or

(ii) a permanent resident of Australia (within the meaning of that Part); and

(c)    the individual provides training (within the meaning of that Part); and

(d)    either:

(i) the training relates to goods, software or technology within the scope of Part 1 of the Defence and Strategic Goods List (within the meaning of the Defence Trade Controls Act 2012 ); or

(ii) the training relates to military tactics, military techniques or military procedures; and

(e)    the training is provided to, or on behalf of:

(i) a government body (within the meaning of Part IXAA of the Defence Act 1903 ) of a foreign country; or

(ii) a military organisation (within the meaning of Part IXAA of the Defence Act 1903 ) of a foreign country; and

(f)    the foreign country is covered by an instrument in force under subsection 115(3) of the Defence Act 1903 at the time the individual provides the training.

Note:

A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) ).

Defence - authorised by written agreement

(2)    
Subsection (1) does not apply to a person in relation to conduct engaged in by the person that is authorised by a written agreement to which the Commonwealth is a party.

Note:

A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) ).

Defence - solely for service with armed force

(3)    
Subsection (1) does not apply in relation to training a person provides, receives or participates in, if the provision, receipt or participation is 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 this subsection (see subsection 13.3(3) ).

Exception to subsection (1B) or (3) - terrorist organisation

(4)    
Subsection (1B) or (3) does not apply if:

(a)    at the time the person engages in the conduct:

(i) the person is in or with an organisation; or

(ii) the training is funded partly by an organisation; and

(b)    the organisation is:

(i) a listed terrorist organisation within the meaning of Part 5.3 (see section 100.1 ); or

(ii) a prescribed organisation within the meaning of Part 5.5 (see section 117.1 ).

Defence - humanitarian assistance etc.

(4A)    
Subsection (1) does not apply to a person in relation to conduct engaged in by the person solely or primarily for one or more of the following purposes:

(a)    providing aid of a humanitarian nature;

(b)    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.

Note:

A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) ).

Geographical jurisdiction

(5)    
Section 15.2 (extended geographical jurisdiction - category B) applies to an offence against this section.