s 119.4

Preparations for incursions into foreign countries for purpose of engaging in hostile activities

In force

Preparatory acts

(1)

A person commits an offence if:

(a)

the person engages in conduct (whether within or outside Australia); and

(b)

the conduct is preparatory to the commission of an offence against section 119.1 (whether by that or any other person); and

(c)

when the person engages in the conduct, 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; or

(v)

is a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory.

Penalty: Imprisonment for life.

Accumulating weapons etc.

(2)

A person commits an offence if:

(a)

the person (whether within or outside Australia) accumulates, stockpiles or otherwise keeps arms, explosives, munitions, poisons or weapons; and

(b)

the person engages in that conduct with the intention that an offence against section 119.1 will be committed (whether by that or any other person); and

(c)

when the person engages in the conduct, 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; or

(v)

is a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory.

Penalty: Imprisonment for life.

Providing or participating in training

(3)

A person commits an offence if:

(a)

the person engages in any of the following conduct (whether within or outside Australia):

(i)

providing military training to another person;

(ii)

participating in providing military training to another person;

(iii)

being present at a meeting or assembly of persons, where the person intends at that meeting or assembly to provide, or participate in providing, military training to another person; and

(b)

the person engages in the conduct intending to prepare the other person to commit an offence against section 119.1; and

(c)

when the person engages in the conduct, 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; or

(v)

is a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory.

Penalty: Imprisonment for life.

(4)

A person commits an offence if:

(a)

the person engages in conduct of either of the following kinds (whether within or outside Australia):

(i)

allowing military training to be provided to himself or herself;

(ii)

allowing himself or herself to be present at a meeting or assembly of persons intending to allow military training to be provided to himself or herself; and

(b)

the person engages in the conduct with the intention of committing an offence against section 119.1; and

(c)

when the person engages in the conduct, 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; or

(v)

is a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory.

Penalty: Imprisonment for life.

Giving or receiving goods and services to promote the commission of an offence

(5)

A person commits an offence if:

(a)

the person engages in any of the following conduct (whether within or outside Australia):

(i)

giving money or goods to, or performing services for, any other person, body or association;

(ii)

receiving or soliciting money or goods, or the performance of services; and

(b)

the person engages in the conduct with the intention of supporting or promoting the commission of an offence against section 119.1; and

(c)

when the person engages in the conduct, 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; or

(v)

is a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory.

Penalty: Imprisonment for life.

Absolute liability element

(6)

Absolute liability applies to paragraphs (1)(c), (2)(c), (3)(c), (4)(c) and (5)(c).

Note:

For absolute liability, see section 6.2.

Exception

(7)

This section does not apply if the person engages in conduct solely by way of, or for the purposes of, the provision of aid of a humanitarian nature.

Note 1:

A defendant bears an evidential burden in relation to the matter in subsection (7): see subsection 13.3(3).

Note 2:

For conduct for the defence or international relations of Australia, see section 119.9.

Disregarding paragraphs 119.1(1)(b) and (2)(b)

(8)

A reference in this section to the commission of an offence against section 119.1 includes a reference to doing an act that would constitute an offence against section 119.1 if paragraphs 119.1(1)(b) and (2)(b) were disregarded.

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