6Incursions into foreign States with intention of engaging in hostile activities

#### 6 Incursions into foreign States with intention of engaging in hostile activities (1) A person shall not: (a) enter a foreign State with intent to engage in a hostile activity in that foreign State; or (b) engage in a hostile activity in a foreign State. Penalty: Imprisonment for 20 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) the person was present in Australia at any time before the doing of that act and, at any time when the person was so present, his or her presence was for a purpose connected with that act, or for purposes that included such a purpose. (3) For the purposes of subsection (1), engaging in a hostile activity in a foreign State consists of doing an act with the intention 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 State or of a part of the foreign State; (aa) engaging in armed hostilities in the foreign State; (b) causing by force or violence the public in the foreign State 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 State; or (ii) holds, or performs any of the duties of, a public office of the foreign State or of a part of the foreign State; or (d) unlawfully destroying or damaging any real or personal property belonging to the government of the foreign State or of a part of the foreign State. (4) Nothing in this section applies to an act done by a person 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 State; or (b) any other armed force in respect of which a declaration by the Minister under subsection 9(2) is in force. (5) Paragraph (4)(a) does not apply if: (a) a person enters a foreign State with intent to engage in a hostile activity in that foreign State while in or with an organisation; and (b) the organisation is a prescribed organisation at the time of entry. (6) Paragraph (4)(a) does not apply if: (a) a person engages in a hostile activity in a foreign State while in or with an organisation; and (b) the organisation is a prescribed organisation at the time when the person engages in that hostile activity. (7) For the purposes of subsections (5) and (6), prescribed organisation means: (a) an organisation that is prescribed by the regulations for the purposes of this paragraph; or (b) an organisation referred to in paragraph (b) of the definition of terrorist organisation in subsection 102.1(1) of the Criminal Code. (8) Before the Governor‑General makes a regulation prescribing an organisation for the purposes of paragraph (7)(a), the Minister must be satisfied on reasonable grounds that the organisation is directly or indirectly engaged in, preparing, planning, assisting in or fostering: (a) a serious violation of human rights; or (b) armed hostilities against the Commonwealth or a foreign State allied or associated with the Commonwealth; or (c) a terrorist act (as defined in section 100.1 of the Criminal Code); or (d) an act prejudicial to the security, defence or international relations of the Commonwealth.