Section 119.2 Criminal Code Act 1995
Entering or Remaining in Declared Lands

119.2  Entering, or remaining in, declared areas

(1)A person commits an offence if:

(a)the person enters, or remains in, an area in a foreign country; and

(b)the area is an area declared by the Foreign Affairs Minister under section 119.3; and

(c)when the person enters the area, or at any time when the person is in the area, the person:

(i)is an Australian citizen; or

(ii)is a resident of Australia; or

(iii)is a holder under the Migration Act 1958 of a visa; or

(iv)has voluntarily put himself or herself under the protection of Australia.

Penalty: Imprisonment for 10 years.

Absolute liability element

(2)Absolute liability applies to paragraph (1)(c).

Note: For absolute liability, see section 6.2.

Exception—entering or remaining solely for legitimate purposes

(3)Subsection (1) does not apply if the person enters, or remains in, the area solely for one or more of the following purposes:

(a)providing aid of a humanitarian nature;

(b)satisfying an obligation to appear before a court or other body exercising judicial power;

(c)performing an official duty for the Commonwealth, a State or a Territory;

(d)performing an official duty for the government of a foreign country or the government of part of a foreign country (including service in the armed forces of the government of a foreign country), where that performance would not be a violation of the law of the Commonwealth, a State or a Territory;

(e)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;

(f)making a news report of events in the area, where the person is working in a professional capacity as a journalist or is assisting another person working in a professional capacity as a journalist;

(g)making a bona fide visit to a family member;

(h)any other purpose prescribed by the regulations.

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

Exception—entering or remaining solely for service with armed force other than prescribed organisation

(4)Subsection (1) does not apply if the person enters, or remains in, the area solely 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 country; or

(b)any other armed force if a declaration under subsection 119.8(1) covers the person and the circumstances of the person’s service in or with the force.

Note: A defendant bears an evidential burden in relation to the matter in subsection (4): see subsection 13.3(3).

(5)However, subsection (4) does not apply if:

(a)the person enters, or remains in, an area in a foreign country while in or with an organisation; and

(b)the organisation is a prescribed organisation at the time the person enters or remains in the area as referred to in paragraph (1)(a).

Note 1: For conduct for the defence or international relations of Australia, see section 119.9.

Note 2: Sections 10.1 and 10.3 also provide exceptions to subsection (1) of this section (relating to intervening conduct or event and sudden or extraordinary emergency respectively).

Sunset provision

(6)This section ceases to have effect at the end of 7 September 2024.

Going to court can be nerve-racking, but having a strong and compassionate legal team behind you can make the experience significantly easier to deal with.

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    If you are going to court and wish to arrange a free first consultation, call our 24 hour hotline on (02) 9261 8881 or send us an email at info@sydneycriminallawyers.com.au.