D. Relevant Offences Under Proposed Section 36D

Offences constituting a relevant offence for section 36D of the Australian Citizenship Amendment (Citizenship Cessation) Bill 2019
Act/Provision
Offence
Maximum Penalty (Imprisonment)
Criminal Code section 72.3
international terrorist activities using explosive or lethal devices
Life
Criminal Code section 80.1
treason
Life
Criminal Code section 80.1AA
treason—assisting enemy to engage in armed conflict
Life
Criminal Code section 80.1AC
treachery
Life
Criminal Code section 82.3
Sabotage involving foreign principal with intention as to national security
25 years
Criminal Code section 82.4
Sabotage involving foreign principal reckless as to national security
20 years
Criminal Code section 82.5
Sabotage with intention as to national security
20 years
Criminal Code section 82.6
Sabotage reckless as to national security
15 years
Criminal Code section 82.7
Introducing vulnerability with intention as to national security
15 years
Criminal Code section 82.8
Introducing vulnerability reckless as to national security
10 years
Criminal Code section 91.1(1)
Espionage dealing with information etc. concerning national security which is or will be communicated or made available to foreign principal with intention as to national security
Life
Criminal Code section 91.1(2)
Espionage dealing with information etc. concerning national security which is or will be communicated or made available to foreign principal reckless as to national security
25 years
Criminal Code section 91.2(1)
Espionage—intentionally dealing with information etc. which is or will be communicated or made available to foreign principal
25 years
Criminal code section 91.2(2)
Espionage—recklessly dealing with information etc. which is or will be communicated or made available to foreign principal
20 years
Criminal Code section 91.3
Espionage communicating or making available security classified information
20 years
Criminal Code section 91.8(1)
Espionage on behalf of a foreign principal with intent as to national security
25 years
Criminal Code section 91.8(2)
Espionage on behalf of a foreign principal reckless as to national security
20 years
Criminal Code section 91.8(3)
Espionage conduct on behalf of a foreign principal
15 years
Criminal Code section 91.11
Soliciting or procuring an espionage offence or making it easier to do so
15 years
Criminal Code section 91.12
Preparing for an espionage offence
15 years
Criminal Code section 92.2(1)
Intentional foreign interference
20 years
Criminal Code section 92.2(2)
Intentional foreign interference – involving targeted person
20 years
Criminal Code section 92.3(1) and (2)
Reckless foreign interference
15 years
Criminal Code section 92.3(2)
Reckless foreign interference – involving targeted person
15 years
Criminal Code section 92.4
Preparing for a foreign interference offence
10 years
Criminal Code section 92.7
knowingly supporting a foreign intelligence agency
15 years
Criminal Code section 92.8
recklessly supporting a foreign intelligence agency
10 years
Criminal Code section 92.9
knowingly funding or being funded by foreign intelligence agency
15 years
Criminal Code section 92.10
recklessly funding or being funded by foreign intelligence agency
10 years
Criminal Code section 101.1
terrorism acts
Life
Criminal Code section 101.2(1)
providing or receiving training connected with terrorist acts
25 years
Criminal Code section 101.2(2)
recklessly providing or receiving training connected with terrorist acts
15 years
Criminal Code section 101.4(1)
possessing things connected with terrorist acts
15 years
Criminal Code section 101.4(2)
recklessly possessing things connected with terrorist acts
10 years
Criminal Code section 101.5(1)
collecting or making documents likely to facilitate terrorist acts
15 years
Criminal Code section 101.5(2)
recklessly collecting or making documents likely to facilitate terrorist acts
10 years
Criminal Code section 101.6
other acts done in preparation for, or planning, terrorist acts
Life
Criminal Code section 102.2(1)
directing the activities of a terrorist organisation
25 years
Criminal Code section 102.2(2)
recklessly directing the activities of a terrorist organisation
15 years
Criminal Code section 102.3
Membership of a terrorist organisation
10 years
Criminal Code section 102.4(1)
recruiting for a terrorist organisation
25 years
Criminal Code section 102.4(2)
recklessly recruiting for a terrorist organisation
15 years
Criminal Code section 102.5
training involving a terrorist organisation
25 years
Criminal Code section 102.6(1)
getting funds to, from or for a terrorist organisation
25 years
Criminal Code section 102.6(2)
recklessly getting funds to, from or for a terrorist organisation
15 years
Criminal Code section 102.7(1)
providing support to a terrorist organisation
25 years
Criminal Code section 102.7(2)
recklessly providing support to a terrorist organisation
15 years
Criminal Code section 102.8
associating with a terrorist organisation
3 years
Criminal Code section 103.1
financing terrorism
Life
Criminal Code section 103.2
financing a terrorist
Life
Criminal Code section 119.1(1)
entering foreign countries with the intention of engaging in hostile activities
Life
Criminal Code section 119.1(2)
engaging in a hostile activity in a foreign country
Life
Criminal Code section 119.2
Entering, or remaining in, declared areas
10 years
Criminal Code section 119.4(1)
Incursions into foreign countries - preparatory acts
Life
Criminal Code section 119.4(2)
Incursions into foreign countries – accumulating weapons etc.
Life
Criminal Code section 119.4(3) and (4)
providing or participating in training
Life
Criminal Code section 119.4(5)
giving or receiving goods and services to promote the commission of an offence
Life
Criminal Code section 119.5
allowing use of buildings, vessels and aircraft to commit offences
Life
Criminal Code section 119.6
recruiting persons to join organisations engaged in hostile activities against foreign governments
25 years
Criminal Code section 119.7
Recruiting persons to serve in or with an armed force in a foreign country
10 years
(Repealed) Crimes (Foreign Incursions and Recruitment) Act 1978 section 6
Incursions into foreign States with intention of engaging in hostile activities
20 years
(Repealed) Crimes (Foreign Incursions and Recruitment) Act 1978 section 7
Preparations for incursions into foreign States for purpose of engaging in hostile activities
10 years
Source: Criminal Code; Crimes (Foreign Incursions and Recruitment) Act 1978 (repealed)

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About this inquiry

The Parliamentary Joint Committee on Intelligence and Security has commenced a review of the Australian Citizenship Amendment (Citizenship Cessation) Bill 2019. The Bill amends the citizenship cessation provisions in the Australian Citizenship Act 2007. The review was referred to the Committee by the Hon Peter Dutton MP, Minister for Home Affairs.



Past Public Hearings

18 Oct 2019: