Exception for a person who is already travelling to, or is already in the area on the day on which it became a designated area, and leaves the area within one month: s 58B(3). | No equivalent The offence applies as soon as the instrument of declaration commences (generally upon its registration: Legislation Act 2003, s 12) |
Exception for a person who enters, or remains in, a designated area involuntarily. (For example, this is likely to cover spouses and children who are dependent on the person who decides to and takes their family): s 58B(4)(a). | No equivalent. A person would have to rely on the general defence of duress in s 10.2 of the Criminal Code, which requires specific proof of a threat being made against the defendant unless they commit the offence, and an assessment that committing the offence is a reasonable response to the threat made against them. |
Exception for a person who enters, or remains in, a designated area for or in connection with one or more of the prescribed purposes: ss 58B(4)(b) and 58B(5) (see purposes below) | Narrower prescribed legitimate purposes than UK: s 119.2(3) (see below comparison) |
Prescribed, legitimate purposes: s 58B(5) Entering or remaining in an area for, or in connection with, one of the following purposes: (a)Providing aid of a humanitarian nature (provided that it is not delivered in contravention of internationally recognised principles and standards applicable to the provision of humanitarian aid) (b)Satisfying an obligation to appear before a court or other body exercising judicial power. (c)Carrying out work for a government of a country other than the United Kingdom (including service in or with the country’s armed forces) (provided that it does not constitute an offence against a law of the UK, if done in the UK) See also: s 58B(12): the offence does not apply to persons acting on behalf of, or holding office under, the Crown. (d)Carrying out work for the United Nations or an agency of the United Nations (provided it would not constitute an offence against UK law, if done in the UK)
(e)Carrying out work as a journalist (provided that it would not constitute an offence against UK law, if done in the UK)
(f)Attending the funeral of a relative or visiting relative who is terminally ill
(g)Providing care for a relative who is unable to care for themselves
Other purposes prescribed by regulations: s 58B(7) | Prescribed, legitimate purposes: s 119.2(3) Entering the area for the sole purpose of one or more of the following: - Equivalent: s 119.2(3)(a)
- Equivalent: s 119.2(3)(b)
- Equivalent:
- s 119.2(3)(c) (Australian government)
- s 119.2(3)(d) (foreign government)
- s 119.2(4) (armed forces of foreign government)
- Equivalent: s 119.2(3)(e). Also covers the International Committee of the Red Cross.
- Narrower: 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: s 119.2(3)(f).
- Potentially covered by the exception of making a bona fide visit to a family member: s 119.2(3)(g)
- Potentially covered by the exception of making a bona fide visit to a family member: s 119.2(3)(g)
- Equivalent: s 119.2(3)(h).
|
Combined purposes of presence in a designated area – prescribed and non-prescribed: s 58B(6) It is an exception if a person travels for multiple purposes, some of which are prescribed in s 58B(5) and others are not. This is provided that the other, non-prescribed purposes fall within the ‘reasonable excuse’ defence in s 58B(2). | No equivalent The exception in subsection 119.2(3) is limited to the sole legitimate purpose of a person’s presence in the declared area. |