Section 80.1AA Criminal Code Act | Materially Assisting Enemies


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The Legislation

Section 80.1AA of the Criminal Code Act 1995 (Cth) is Materially Assisting Enemies and is extracted below.

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80.1AA  Treason—materially assisting enemies etc.

Assisting enemies at war with the Commonwealth

(1)  A person commits an offence if:

(a)  the Commonwealth is at war with an enemy (whether or not the existence of a state of war has been declared); and

(b)  the enemy is specified, by Proclamation made for the purpose of this paragraph, to be an enemy at war with the Commonwealth; and

(c)  the person engages in conduct; and

(d)  the person intends that the conduct will materially assist the enemy to engage in war with the Commonwealth; and

(e)  the conduct assists the enemy to engage in war with the Commonwealth; and

(f)  when the person engages in the conduct, the person:

(i)  is an Australian citizen; or

(ii)  is a resident of Australia; or

(iii)  has voluntarily put himself or herself under the protection of the Commonwealth; or

(iv)  is a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory.

Penalty:  Imprisonment for life.

Note:          If a body corporate is convicted of an offence against subsection (1), subsection 4B(3) of the Crimes Act 1914 allows a court to impose a fine of up to 10,000 penalty units.

(2)  Despite subsection 12(2) of the Legislative Instruments Act 2003, a Proclamation made for the purpose of paragraph (1)(b) of this section may be expressed to take effect from a day:

(a)  before the day on which the Proclamation is registered under the Legislative Instruments Act 2003; but

(b)  not before the day on which the Proclamation is made.

(3)  The fault element for paragraph (1)(f) is intention.

Note:          For intention, see subsection 5.2(2).

Assisting countries etc. engaged in armed hostilities against the ADF

(4)  A person commits an offence if:

(a)  a country or organisation is engaged in armed hostilities against the Australian Defence Force; and

(b)  the person engages in conduct; and

(c)  the person intends that the conduct will materially assist the country or organisation to engage in armed hostilities against the Australian Defence Force; and

(d)  the conduct assists the country or organisation to engage in armed hostilities against the Australian Defence Force; and

(e)  when the person engages in the conduct, the person:

(i)  is an Australian citizen; or

(ii)  is a resident of Australia; or

(iii)  has voluntarily put himself or herself under the protection of the Commonwealth; or

(iv)  is a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory.

Penalty:  Imprisonment for life.

Note:          If a body corporate is convicted of an offence against subsection (4), subsection 4B(3) of the Crimes Act 1914 allows a court to impose a fine of up to 10,000 penalty units.

(5)  The fault element for paragraph (4)(e) is intention.

Note:          For intention, see subsection 5.2(2).

Humanitarian aid

(6)  Subsections (1) and (4) do not apply to engagement in conduct by way of, or for the purposes of, the provision of aid of a humanitarian nature.

Note 1:       A defendant bears an evidential burden in relation to the matter in subsection (6). See subsection 13.3(3).

Note 2:       There is a defence in section 80.3 for acts done in good faith.