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Assisting an Enemy to Engage in Armed Conflict is an offence under Section 80.1AA of the Criminal Code Act 1995 (Cth) which carries a maximum penalty of life in prison.
To establish the offence, the prosecution must prove that:
You are not guilty if your conduct was solely to provide humanitarian aid or assistance provided you are able to establish this ‘on the balance of probabilities’.
You are also not guilty if you acted in ‘good faith’, which includes:
The onus is on you to establish the defence ‘on the balance of probabilities’.
Other defences to the charge include:
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