9Recruiting persons to serve in or with an armed force in a foreign State

#### 9 Recruiting persons to serve in or with an armed force in a foreign State (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 State, whether the armed force forms part of the armed forces of the government of that foreign State or otherwise; (b) publish an advertisement, reckless as to whether the advertisement is 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 State for the purpose of serving in any capacity in or with such an armed force; or (d) do any other act or thing with the intention of facilitating or promoting the recruitment of persons to serve in any capacity in or with such an armed force. Penalty: (a) if the person is a natural person—$20,000 or imprisonment for 7 years, or both; or (b) if the person is a body corporate—$100,000. (2) If the Minister has, by instrument signed by the Minister 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 or subject to specified conditions, 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, subsection (1) does not apply, or does not apply in those circumstances or where those conditions are complied with, 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, the first‑mentioned person 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 subsection (2)) and of sections 48A, 48B and 49 of the Acts Interpretation Act 1901 apply, by force of this section, to a declaration made under subsection (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.