Criminal Offences Relating to Terrorist Organisations, Declared Areas and Foreign Fighting

Federal Attorney- General Mark Dreyfus informed the public during a press conference on 28 December 2023 that two Australian citizens were killed during an air strike in Southern Lebanon the previous night.

The nation’s chief lawyer added that the listed terrorist organisation, Hizballah, had since claimed links to one of the men.

Mr Dreyfus then warned Australians not to travel to Lebanon due to risks associated with the ongoing conflict, before reminding us that, “[i]t’s an offence [for] any Australian to cooperate with, to support, let alone to fight with, a listed terrorist organization like Hizballah”.

The Attorney-General’s advice is correct: it is indeed a criminal offence for an Australian citizen or resident to be involved with a listed terrorist organisation.

These offences are contained in the Criminal Code Act 1995 (Cth), and include:

Fighting with a terrorist organisation can amount to any of several terrorism offences, from planning or preparing a terrorist act to engaging in an act of terrorism, each of which carry a maximum penalty of life in prison.

But what about the Attorney-General’s warning about not entering southern Lebanon? Is this in and of itself a criminal offence?

The short answer to the question is: no. While section 119.3 of the Criminal Code Act 1995 (Cth) empowers the Minister for Foreign Affairs to prescribe a ‘declared area’ whose entry can amount to a crime, there are no declared areas currently in effect.

However, the changing geopolitical climate could change the situation in the future: with fighting in many parts of the world including Gaza and the West Bank, southern Lebanon and of course Ukraine.

That being so, those planning on an overseas trip to a hostile region would be well-advised to check whether their destination is a declared area, as well as to be aware of potential criminal liability for engaging in conduct associated with conflicts.

Offences against entering declared lands and foreign fighting

The table below contains a list of offences that potentially apply to Australian citizens, residents and visa holders who travel to areas of armed conflict.

Clicking on the links will take you to the legislation itself.

Going to court for a criminal offence?

If you are suspected or accused of committing an Australian criminal offence while overseas, call Sydney Criminal Lawyers 24/7 to arrange a free first conference with a specialist criminal defence lawyer who has an in-depth knowledge of, and is vastly experienced in, defending and winning allegations of Commonwealth criminal offences.