Enemy Of Australia
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Enemy Of Australia
In regards to those people being resettled in Australia after having left Australia to fight with and or support ISIS.
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.
Section 80.1AA Criminal Code Act 1995
Materially Assisting Enemies
To establish the offence, the prosecution must prove that:
A party was engaged in armed conflict involving the commonwealth or the Australian defence force
That party was declared by proclamation to be an ‘enemy’
You engaged in conduct intended to materially assist that enemy
Your conduct did materially assist that enemy, and
You knew you were an Australian citizen or resident, you were a company incorporated under a Commonwealth law or a law of an Australian state or territory, or you knew you voluntarily put yourself under the Commonwealth’s care
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:
Trying to show that the sovereign, governor-general, state governor, territory administrator or their advisers were mistaken in their ‘counsels, policies or actions’
Pointing out errors or defects in government, the constitution, legislation or the administration of justice to correct them, or
Attempting to lawfully change a policy, practice or law
The onus is on you to establish the defence ‘on the balance of probabilities’.
Other defences to the charge include:
Self-defence
Duress, and
Necessity
It is also an offence to travel overseas to commit a terrorist act.
It is an offence to associate with a terrorist organization.
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.
Section 80.1AA Criminal Code Act 1995
Materially Assisting Enemies
To establish the offence, the prosecution must prove that:
A party was engaged in armed conflict involving the commonwealth or the Australian defence force
That party was declared by proclamation to be an ‘enemy’
You engaged in conduct intended to materially assist that enemy
Your conduct did materially assist that enemy, and
You knew you were an Australian citizen or resident, you were a company incorporated under a Commonwealth law or a law of an Australian state or territory, or you knew you voluntarily put yourself under the Commonwealth’s care
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:
Trying to show that the sovereign, governor-general, state governor, territory administrator or their advisers were mistaken in their ‘counsels, policies or actions’
Pointing out errors or defects in government, the constitution, legislation or the administration of justice to correct them, or
Attempting to lawfully change a policy, practice or law
The onus is on you to establish the defence ‘on the balance of probabilities’.
Other defences to the charge include:
Self-defence
Duress, and
Necessity
It is also an offence to travel overseas to commit a terrorist act.
It is an offence to associate with a terrorist organization.
adrian ss- Contributor Plus
- Number of posts : 4351
Age : 77
Registration date : 2015-07-03
Re: Enemy Of Australia
If a person Likes a post their name is displayed to the forum. If a person Dislikes a post their name is not displayed....Where is the fairness in that??
If a person indicates that he/she likes a post that most dislike, that persons name is displayed. (Six Of one Half A Dozen of the Other) .
Somebody did not like the above post; that is fair enough. The post is a quote from Australian law, All laws are not necessarily right and just and many of them are ridiculous but on the other hand ISIS law will never ever be Right and Just in the civilized world.
One has to wonder why this law is not being enforced??
Section 80.1AA Criminal Code Act 1995
Materially Assisting Enemies
If a person indicates that he/she likes a post that most dislike, that persons name is displayed. (Six Of one Half A Dozen of the Other) .
Somebody did not like the above post; that is fair enough. The post is a quote from Australian law, All laws are not necessarily right and just and many of them are ridiculous but on the other hand ISIS law will never ever be Right and Just in the civilized world.
One has to wonder why this law is not being enforced??
Section 80.1AA Criminal Code Act 1995
Materially Assisting Enemies
adrian ss- Contributor Plus
- Number of posts : 4351
Age : 77
Registration date : 2015-07-03
Re: Enemy Of Australia
Of course no member argues with another when a members post receives a "Like" the post writeup Adrian, for there's nothing there to argue about.
The reason as to why the names aren't displayed up when a member chooses to press the "Dislike Button", is for the sole purpose of preventing any further disagreement/argument, just for arguments sake.
I can't afford to have people on here continuously going backwards & forwards over senseless debate, on something that both disagree on & cannot come to terms with. No need to search for scalps
There are times where one just has to agree on disagreeing & leaving it at that (for all our sakes)
Kon
The reason as to why the names aren't displayed up when a member chooses to press the "Dislike Button", is for the sole purpose of preventing any further disagreement/argument, just for arguments sake.
I can't afford to have people on here continuously going backwards & forwards over senseless debate, on something that both disagree on & cannot come to terms with. No need to search for scalps
There are times where one just has to agree on disagreeing & leaving it at that (for all our sakes)
Kon
geof_junk, adrian ss and xmas tree like this post
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