• Specific Year
    Any

CRIMES (FOREIGN INCURSIONS AND RECRUITMENT) ACT 1978 No. 13 of 1978 - SECT 6 Incursions into foreign countries for purpose of engaging in hostile activities

CRIMES (FOREIGN INCURSIONS AND RECRUITMENT) ACT 1978 No. 13 of 1978 - SECT 6

Incursions into foreign countries for purpose of engaging in hostile activities
6. (1) A person shall not-

   (a)  enter a foreign country with intent to engage in a hostile activity
        against the government of that country; or

   (b)  engage, in a foreign country, in a hostile activity against the
        government of that country.

Penalty: Imprisonment for 14 years.

(2) A person shall not be taken to have committed an offence against this
section unless-

   (a)  at the time of the doing of the act that is alleged to constitute the
        offence, the person-

        (i)    was an Australian citizen; or

        (ii)   not being an Australian citizen, was ordinarily resident in
               Australia; or

   (b)  at any time during the period of one year immediately preceding the
        doing of that act, the person was present in Australia for a purpose
        connected with that act.

(3) For the purposes of sub-section (1), engaging in a hostile activity
against the government of a foreign country consists of doing an act for the
purpose of achieving any one or more of the following objectives (whether or
not such an objective is achieved):

   (a)  the overthrow by force or violence of the government of the foreign
        country;

   (b)  causing by force or violence the public in the foreign country to be
        in fear of suffering death or personal injury;

   (c)  causing the death of, or bodily injury to, a person who-

        (i)    is the head of state of the foreign country; or

        (ii)   holds, or performs any of the duties of, a public office of the
               foreign country; or

   (d)  unlawfully destroying or damaging any real or personal property
        belonging to the government of the foreign country.

(4) Nothing in this section applies to an act done by a person in the course
of, and as part of, his service in any capacity in or with-

   (a)  the armed forces of the government of a foreign country; or

   (b)  any other armed force in respect of which a declaration by the
        Minister under sub-section 9 (2) is in force.