Commonwealth Consolidated Acts

DEFENCE ACT 1903 - SECT 115A

Offence

  (1)   An individual commits an offence if:

  (a)   the individual is a foreign work restricted individual; and

  (b)   the individual performs work; and

  (c)   the work is performed for, or on behalf of:

  (i)   a military organisation of a foreign country; or

  (ii)   a government body of a foreign country; and

  (d)   the foreign country is a relevant foreign country.

Penalty:   Imprisonment for 20 years.

Exceptions

  (2)   Subsection   (1) does not apply if a foreign work authorisation is in force that authorises the individual to perform the work for, or on behalf of, the military organisation, or the government body, of the relevant foreign country.

Note:   A defendant bears an evidential burden in relation to the matter in this subsection   (see subsection   13.3(3) of the Criminal Code ).

  (3)   Subsection   (1) does not apply if the work performed by the individual 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) of the Criminal Code ).

  (4)   Subsection   (1) does not apply if:

  (a)   the work performed by the individual is solely in the course of, and as part of, the individual's service in any capacity in or with any armed force; and

  (b)   a declaration under subsection   119.8(1) of the Criminal Code covers the individual and the circumstances of the individual's service in or with the armed force.

Note:   A defendant bears an evidential burden in relation to the matter in this subsection   (see subsection   13.3(3) of the Criminal Code ).

  (5)   Subsection   (1) does not apply if the work performed by the individual is in the course of, and as part of, the individual's employment or engagement by the Commonwealth.

Note:   A defendant bears an evidential burden in relation to the matter in this subsection   (see subsection   13.3(3) of the Criminal Code ).

  (6)   Subsection   (1) does not apply if the work performed by the individual is solely or primarily for either or both 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) of the Criminal Code ).

Geographical jurisdiction

  (7)   Section   15.2 of the Criminal Code (extended geographical jurisdiction--category B) applies to an offence against this section.