CRIMES (FOREIGN INCURSIONS AND RECRUITMENT) ACT 1978 No. 13 of 1978 - SECT 9 Recruiting persons to serve in or with an armed force in a foreign county

CRIMES (FOREIGN INCURSIONS AND RECRUITMENT) ACT 1978 No. 13 of 1978 - SECT 9

9. (1) A person shall not, in Australia-

   (a)  recruit another person to serve in any capacity in or with an armed
        force in a foreign country, whether the armed force forms part of the
        armed forces of the government of that foreign country or otherwise;

   (b)  publish an advertisement for the purpose of recruiting persons to
        serve in any capacity in or with such an armed force;

   (c)  publish an advertisement containing any information-

        (i)    relating to the place at which, or the manner in which, persons
               may make applications to serve, or obtain information relating
               to service, in any capacity in or with such an armed force; or

        (ii)   relating to the manner in which persons may travel to a foreign
               country for the purpose of serving in any capacity in or with
               such an armed force; or

   (d)  do any other act or thing for the purpose of facilitating or promoting
        the recruitment of persons to serve in any capacity in or with such an
        armed force.

Penalty: $10,000 or imprisonment for 5 years.

(2) If the Minister has, by instrument signed by him and published in the
Gazette, declared that it is in the interests of the defence or international
relations of Australia to permit the recruitment in Australia, either
generally or in particular circumstances, of persons to serve in or with a
specified armed force, or to serve in or with a specified armed force in a
particular capacity, sub-section (1) does not apply, or does not apply in
those circumstances, as the case may be, to or in relation to recruitment to
serve, or the publication of an advertisement containing information with
respect to service, in or with that armed force, or in or with that armed
force in that capacity, as the case may be.

(3) If a person recruits another person to enter into a commitment or
engagement to serve in any capacity in or with an armed force, he shall be
taken, for the purposes of this section, to recruit that other person to serve
in or with that armed force whether or not the commitment or engagement is
legally enforceable and whether or not it constitutes a legal or formal
enlistment in that force.

(4) The provisions of section 48 (except paragraphs (1) (a) and (b) and
sub-section (2)) and of section 49 of the Acts Interpretation Act 1901 apply,
by force of this section, to a declaration made under sub-section (2) of this
section in like manner as those provisions apply to regulations.

(5) For the purposes of this section, the publication of an item of news shall
be deemed to constitute the publication of an advertisement if the publication
was procured by the payment of, or by a promise to pay, money or by the
provision of, or by a promise to provide, any other consideration.