Terrorist Actions

Government's 

ICCPR Double Entendre

International Covenant on Civil & Political Rights

 

​A) Found on Australian Parliament House webpage headed 'International Human Rights Law'.

https://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/Browse_by_Topic/Crimlaw/Historycriminallaw

QUOTE: "Despite signing the ICCPR in 1972 and ratifying it in 1980, Australia has never adopted it into domestic law."

COMMENT:

 

if its not been adopted into domestic law then why its content in part noted and referenced as offences in Australia's federal Criminal Code, being Australia's federal criminal law?

 

Answer is that this claim by parliament public officers is both false and misleading. The entire COVENANT was not absorbed by law "as is" but many articles were if they weren't already part of Australian law.

The only exception was the reference to religion.

B) Found on Australian federal government webpage and being official copy of Australian federal 'domestic law' titled 'Criminal Code Act 1995' 

https://www.legislation.gov.au/Details/C2020C00245

B PART I

QUOTE: "Criminal Code Act 1995  Section 3 The Criminal Code,

(1) The Schedule has effect as a law of the Commonwealth.

(2) The Schedule may be cited as the Criminal Code."

B PART II

'Criminal Code Act 1995' in section titled "Dictionary." 
QUOTE: "Covenant means the
International Covenant on Civil and Political Rights, a copy of the English text of which is set out in Schedule 2 to the Australian Human Rights Commission Act 1986."

My Layperson's Research.


 

There is a very distinct difference between legal “advice” its legal “information” often a government public officer will refuse to give you legal “information” and justify their refusal by calling it legal “advice”. You have a natural right to legal information from your government, and the right to have it explained until YOU understand.


 

From my first hand experience after State police illegally assaulted and arrested then assaulted me again, is that the government (Parliament Executive and Judiciary) use the ICCPR DOUBLE ENTENRE with premeditated indent to criminally rob you of your legal rights, on political grounds. Under federal law if you're seriously harmed or intimidate by their “political cause” actions, that's an act of terrorism. Only don't expect their political party's polices and political party's department of public prosecutions to prosecute their own boss, the government.


 

Here's what it looks like:


 

Say you have a case of politically motivated human rights breach perpetrated by government public officers (State or Federal) that's not covered by our inadequate anti-discrimination laws, the toothless Australian Human Rights Commission/er (State and Federal) will legally refuse to accept it for investigation. Instead you must pursue it in Federal Court. Why?


 

Because its only a crime to politically discriminate in federal criminal law. That discrimination is titled “terrorist act”.


 

If the matter involved a consumer transaction (State or Federal) for "goods or services" you can pursue it under the federal Competition and Consumer Act 2010 (CCA). Some transactions where there was no payment are still deemed a consumer transaction. Before the CCA the federal Trade Practices Act 1974 had many of the same consumer protections. A business buying for resale reselling is not a consumer under CCA.

An example of non (payment) gratuity goods or services might be:

Any medical service paid in full by Medicare, and goods obtained as a result of a medical service which probably includes those free samples doctors give out.

Matters linked to your driving licence not the licence payment itself but any Fitness to Drive request made by State and subsequent decisions after you've obtained your licence may be a fee free “service”.

An application for court services where there is generally a payment for a service defined as 'access to justice' or 'due process of law'.

If the matter involves a crime perpetrated by a (State or Federal) government public officer or any other person, then you are entitled to pursue a federal court criminal prosecution. Additionally, refusal by police to prosecute a crime is almost always a political decision.


 

Any political based decision of any government public officer (State or Federal) not supported by Australian law or is in direct breach of Australian law is unconstitutional; as the Australian Constitution gives no allowances for any government to act based on their political platform; and no allowance to act contrary to Australian law for any political party or personal career purpose. If it did we'd openly have acts of terrorism aimed to protect the "good of the Party" as they have in Communist China.

Such decisions may additionally be described as indirect bias or direct bias (research it yourself).

International Covenant

on Civil and

Political Rights

 

Articles 1 to 27 inclusive -- of 53 Articles.

https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx

Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966. Entry into force 23 March 1976, in accordance with Article 49.


 

Preamble

The States Parties to the present Covenant, Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, Recognizing that these rights derive from the inherent dignity of the human person, Recognizing that, in accordance with the Universal Declaration of Human Rights, the ideal of free human beings enjoying civil and political freedom and freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his civil and political rights, as well as his economic, social and cultural rights, Considering the obligation of States under the Charter of the United Nations to promote universal respect for, and observance of, human rights and freedoms, Realizing that the individual, having duties to other individuals and to the community to which he belongs, is under a responsibility to strive for the promotion and observance of the rights recognized in the present Covenant, Agree upon the following articles:

PART I

Article 1

1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence.

3. The States Parties to the present Covenant, including those having responsibility for the administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations.

PART II

Article 2

1. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

2. Where not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such laws or other measures as may be necessary to give effect to the rights recognized in the present Covenant.

3. Each State Party to the present Covenant undertakes:

(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;

(b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;

(c) To ensure that the competent authorities shall enforce such remedies when granted.

Article 3

The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant.

Article 4

1 . In time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, the States Parties to the present Covenant may take measures derogating from their obligations under the present Covenant to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their other obligations under international law and do not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin.

2. No derogation from articles 6, 7, 8 (paragraphs I and 2), 11, 15, 16 and 18 may be made under this provision.

3. Any State Party to the present Covenant availing itself of the right of derogation shall immediately inform the other States Parties to the present Covenant, through the intermediary of the Secretary-General of the United Nations, of the provisions from which it has derogated and of the reasons by which it was actuated. A further communication shall be made, through the same intermediary, on the date on which it terminates such derogation.

Article 5

1. Nothing in the present Covenant may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms recognized herein or at their limitation to a greater extent than is provided for in the present Covenant.

2. There shall be no restriction upon or derogation from any of the fundamental human rights recognized or existing in any State Party to the present Covenant pursuant to law, conventions, regulations or custom on the pretext that the present Covenant does not recognize such rights or that it recognizes them to a lesser extent.

 

PART III

Article 6

1. Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.

2. In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to the provisions of the present Covenant and to the Convention on the Prevention and Punishment of the Crime of Genocide. This penalty can only be carried out pursuant to a final judgement rendered by a competent court.

3. When deprivation of life constitutes the crime of genocide, it is understood that nothing in this article shall authorize any State Party to the present Covenant to derogate in any way from any obligation assumed under the provisions of the Convention on the Prevention and Punishment of the Crime of Genocide.

4. Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. Amnesty, pardon or commutation of the sentence of death may be granted in all cases.

5. Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women.

6. Nothing in this article shall be invoked to delay or to prevent the abolition of capital punishment by any State Party to the present Covenant.

Article 7

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.

Article 8

1. No one shall be held in slavery; slavery and the slave-trade in all their forms shall be prohibited.

2. No one shall be held in servitude.

3.

(a) No one shall be required to perform forced or compulsory labour;

(b) Paragraph 3 (a) shall not be held to preclude, in countries where imprisonment with hard labour may be imposed as a punishment for a crime, the performance of hard labour in pursuance of a sentence to such punishment by a competent court;

(c) For the purpose of this paragraph the term "forced or compulsory labour" shall not include:

(i) Any work or service, not referred to in subparagraph (b), normally required of a person who is under detention in consequence of a lawful order of a court, or of a person during conditional release from such detention;

(ii) Any service of a military character and, in countries where conscientious objection is recognized, any national service required by law of conscientious objectors;

(iii) Any service exacted in cases of emergency or calamity threatening the life or well-being of the community;

(iv) Any work or service which forms part of normal civil obligations.

Article 9

1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.

2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him.

3. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgement.

4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful.

5. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.

Article 10

1. All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.

2.

(a) Accused persons shall, save in exceptional circumstances, be segregated from convicted persons and shall be subject to separate treatment appropriate to their status as unconvicted persons;

(b) Accused juvenile persons shall be separated from adults and brought as speedily as possible for adjudication.

3. The penitentiary system shall comprise treatment of prisoners the essential aim of which shall be their reformation and social rehabilitation. Juvenile offenders shall be segregated from adults and be accorded treatment appropriate to their age and legal status.

Article 11

No one shall be imprisoned merely on the ground of inability to fulfil a contractual obligation.

Article 12

1. Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence.

2. Everyone shall be free to leave any country, including his own.

3. The above-mentioned rights shall not be subject to any restrictions except those which are provided by law, are necessary to protect national security, public order (ordre public), public health or morals or the rights and freedoms of others, and are consistent with the other rights recognized in the present Covenant.

4. No one shall be arbitrarily deprived of the right to enter his own country.

Article 13

An alien lawfully in the territory of a State Party to the present Covenant may be expelled therefrom only in pursuance of a decision reached in accordance with law and shall, except where compelling reasons of national security otherwise require, be allowed to submit the reasons against his expulsion and to have his case reviewed by, and be represented for the purpose before, the competent authority or a person or persons especially designated by the competent authority.

Article 14

1. All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The press and the public may be excluded from all or part of a trial for reasons of morals, public order (ordre public) or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgement rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children.

2. Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law.

3. In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality: (a) To be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him;

(b) To have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing;

(c) To be tried without undue delay;

(d) To be tried in his presence, and to defend himself in person or through legal assistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it;

(e) To examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;

(f) To have the free assistance of an interpreter if he cannot understand or speak the language used in court;

(g) Not to be compelled to testify against himself or to confess guilt.

4. In the case of juvenile persons, the procedure shall be such as will take account of their age and the desirability of promoting their rehabilitation.

5. Everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law.

6. When a person has by a final decision been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him.

7. No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country.

Article 15

1 . No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time when the criminal offence was committed. If, subsequent to the commission of the offence, provision is made by law for the imposition of the lighter penalty, the offender shall benefit thereby.

2. Nothing in this article shall prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognized by the community of nations.

Article 16

Everyone shall have the right to recognition everywhere as a person before the law.

Article 17

1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.

2. Everyone has the right to the protection of the law against such interference or attacks.

Article 18

1. Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.

2. No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice.

3. Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.

4. The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions.

Article 19

1. Everyone shall have the right to hold opinions without interference.

2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.

3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:

(a) For respect of the rights or reputations of others;

(b) For the protection of national security or of public order (ordre public), or of public health or morals.

Article 20

1. Any propaganda for war shall be prohibited by law.

2. Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.

Article 21

The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.

Article 22

1. Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests.

2. No restrictions may be placed on the exercise of this right other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on members of the armed forces and of the police in their exercise of this right.

3. Nothing in this article shall authorize States Parties to the International Labour Organisation Convention of 1948 concerning Freedom of Association and Protection of the Right to Organize to take legislative measures which would prejudice, or to apply the law in such a manner as to prejudice, the guarantees provided for in that Convention.

Article 23

1. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

2. The right of men and women of marriageable age to marry and to found a family shall be recognized.

3. No marriage shall be entered into without the free and full consent of the intending spouses.

4. States Parties to the present Covenant shall take appropriate steps to ensure equality of rights and responsibilities of spouses as to marriage, during marriage and at its dissolution. In the case of dissolution, provision shall be made for the necessary protection of any children.

Article 24

1. Every child shall have, without any discrimination as to race, colour, sex, language, religion, national or social origin, property or birth, the right to such measures of protection as are required by his status as a minor, on the part of his family, society and the State.

2. Every child shall be registered immediately after birth and shall have a name.

3. Every child has the right to acquire a nationality.

Article 25

Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions:

(a) To take part in the conduct of public affairs, directly or through freely chosen representatives;

(b) To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors;

(c) To have access, on general terms of equality, to public service in his country.

Article 26

All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

Article 27

In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language.

Part 5.3—Terrorism
Division 100—Preliminary


100.1  Definitions
(1) In this Part:

funds means:
    (a)    property and assets of every kind, whether tangible or intangible, movable or immovable, however acquired; and
    (b)    legal documents or instruments in any form, including electronic or digital, evidencing title to, or interest in, such property or assets, including, but not limited to, bank credits, travellers cheques, bank cheques, money orders, shares, securities, bonds, debt instruments, drafts and letters of credit.

identification material, in relation to a person, means prints of the person’s hands, fingers, feet or toes, recordings of the person’s voice, samples of the person’s handwriting or photographs (including video recordings) of the person, but does not include tape recordings made for the purposes of section 23U or 23V of the Crimes Act 1914.

organisation means a body corporate or an unincorporated body, whether or not the body:
    (a)    is based outside Australia; or
    (b)    consists of persons who are not Australian citizens; or
    (c)    is part of a larger organisation.


terrorist act means an action or threat of action where:
    (a)    the action falls within subsection (2) and does not fall within subsection (3); and
    (b)    the action is done or the threat is made with the intention of advancing a political, religious or ideological cause; and
    (c)    the action is done or the threat is made with the intention of:
    (i)    coercing, or influencing by intimidation, the government of the Commonwealth or a State, Territory or foreign country, or of part of a State, Territory or foreign country; or
    (ii)    intimidating the public or a section of the public.


    (2)    Action falls within this subsection if it:
    (a)    causes serious harm that is physical harm to a person; or
    (b)    causes serious damage to property; or
    (c)    causes a person’s death; or
    (d)    endangers a person’s life, other than the life of the person taking the action; or
    (e)    creates a serious risk to the health or safety of the public or a section of the public; or
    (f)    seriously interferes with, seriously disrupts, or destroys, an electronic system including, but not limited to:
    (i)    an information system; or
    (ii)    a telecommunications system; or
    (iii)    a financial system; or
    (iv)    a system used for the delivery of essential government services; or
    (v)    a system used for, or by, an essential public utility; or
    (vi)    a system used for, or by, a transport system.


    (3)    Action falls within this subsection if it:
    (a)    is advocacy, protest, dissent or industrial action; and
    (b)    is not intended:
    (i)    to cause serious harm that is physical harm to a person; or
    (ii)    to cause a person’s death; or
    (iii)    to endanger the life of a person, other than the person taking the action; or
    (iv)    to create a serious risk to the health or safety of the public or a section of the public.

BREAK & INCOMPLETE

80.1AC  Treachery
        A person commits an offence if:
    (a)    the person engages in conduct; and
    (b)    the conduct involves the use of force or violence; and
    (c)    the person engages in the conduct with the intention of overthrowing:
    (i)    the Constitution; or
    (ii)    the Government of the Commonwealth, of a State or of a Territory; or
    (iii)    the lawful authority of the Government of the Commonwealth.
Note 1:    There is a defence in section 80.3 for acts done in good faith.
Note 2:    If a body corporate is convicted of an offence against subsection (1), subsection 4B(3) of the Crimes Act 1914 allows a court to impose a fine of up to 10,000 penalty units.
Penalty:    Imprisonment for life.
Subdivision C—Urging violence and advocating terrorism or genocide


80.2  Urging violence against the Constitution etc.
Urging the overthrow of the Constitution or Government by force or violence
    (1)    A person (the first person) commits an offence if:
    (a)    the first person intentionally urges another person to overthrow by force or violence:
    (i)    the Constitution; or
    (ii)    the Government of the Commonwealth, of a State or of a Territory; or
    (iii)    the lawful authority of the Government of the Commonwealth; and
    (b)    the first person does so intending that force or violence will occur.
Penalty:    Imprisonment for 7 years.
Note:    For intention, see section 5.2.
    (2)    Recklessness applies to the element of the offence under subsection (1) that it is:
    (a)    the Constitution; or
    (b)    the Government of the Commonwealth, a State or a Territory; or
    (c)    the lawful authority of the Government of the Commonwealth;
that the first person urges the other person to overthrow.
Urging interference in Parliamentary elections or constitutional referenda by force or violence
    (3)    A person (the first person) commits an offence if:
    (a)    the first person intentionally urges another person to interfere, by force or violence, with lawful processes for:
    (i)    an election of a member or members of a House of the Parliament; or
    (ii)    a referendum; and
    (b)    the first person does so intending that force or violence will occur.
Penalty:    Imprisonment for 7 years.
Note:    For intention, see section 5.2.
    (4)    Recklessness applies to the element of the offence under subsection (3) that it is lawful processes for an election of a member or members of a House of the Parliament, or for a referendum, that the first person urges the other person to interfere with.
Note:    There is a defence in section 80.3 for acts done in good faith.


80.2A  Urging violence against groups
Offences
    (1)    A person (the first person) commits an offence if:
    (a)    the first person intentionally urges another person, or a group, to use force or violence against a group (the targeted group); and
    (b)    the first person does so intending that force or violence will occur; and
    (c)    the targeted group is distinguished by race, religion, nationality, national or ethnic origin or political opinion; and
    (d)    the use of the force or violence would threaten the peace, order and good government of the Commonwealth.
Penalty:    Imprisonment for 7 years.
Note:    For intention, see section 5.2.
    (2)    A person (the first person) commits an offence if:
    (a)    the first person intentionally urges another person, or a group, to use force or violence against a group (the targeted group); and
    (b)    the first person does so intending that force or violence will occur; and
    (c)    the targeted group is distinguished by race, religion, nationality, national or ethnic origin or political opinion.
Penalty:    Imprisonment for 5 years.
Note:    For intention, see section 5.2.
    (3)    The fault element for paragraphs (1)(c) and (2)(c) is recklessness.
Note:    For recklessness, see section 5.4.
Alternative verdict
    (4)    Subsection (5) applies if, in a prosecution for an offence (the prosecuted offence) against subsection (1), the trier of fact:
    (a)    is not satisfied that the defendant is guilty of the offence; but
    (b)    is satisfied beyond reasonable doubt that the defendant is guilty of an offence (the alternative offence) against subsection (2).
    (5)    The trier of fact may find the defendant not guilty of the prosecuted offence but guilty of the alternative offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.
Note:    There is a defence in section 80.3 for acts done in good faith.


80.2B  Urging violence against members of groups
Offences
    (1)    A person (the first person) commits an offence if:
    (a)    the first person intentionally urges another person, or a group, to use force or violence against a person (the targeted person); and
    (b)    the first person does so intending that force or violence will occur; and
    (c)    the first person does so because of his or her belief that the targeted person is a member of a group (the targeted group); and
    (d)    the targeted group is distinguished by race, religion, nationality, national or ethnic origin or political opinion; and
    (e)    the use of the force or violence would threaten the peace, order and good government of the Commonwealth.
Penalty:    Imprisonment for 7 years.
Note:    For intention, see section 5.2.
    (2)    A person (the first person) commits an offence if:
    (a)    the first person intentionally urges another person, or a group, to use force or violence against a person (the targeted person); and
    (b)    the first person does so intending that force or violence will occur; and
    (c)    the first person does so because of his or her belief that the targeted person is a member of a group (the targeted group); and
    (d)    the targeted group is distinguished by race, religion, nationality, national or ethnic origin or political opinion.
Penalty:    Imprisonment for 5 years.
Note:    For intention, see section 5.2.
    (3)    For the purposes of paragraphs (1)(c) and (2)(c), it is immaterial whether the targeted person actually is a member of the targeted group.
    (4)    The fault element for paragraphs (1)(d) and (2)(d) is recklessness.
Note:    For recklessness, see section 5.4.
Alternative verdict
    (5)    Subsection (6) applies if, in a prosecution for an offence (the prosecuted offence) against subsection (1), the trier of fact:
    (a)    is not satisfied that the defendant is guilty of the offence; but
    (b)    is satisfied beyond reasonable doubt that the defendant is guilty of an offence (the alternative offence) against subsection (2).
    (6)    The trier of fact may find the defendant not guilty of the prosecuted offence but guilty of the alternative offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.
Note:    There is a defence in section 80.3 for acts done in good faith.

80.2C  Advocating terrorism
    (1)    A person commits an offence if:
    (a)    the person advocates:
    (i)    the doing of a terrorist act; or
    (ii)    the commission of a terrorism offence referred to in subsection (2); and
    (b)    the person engages in that conduct reckless as to whether another person will:
    (i)    engage in a terrorist act; or
    (ii)    commit a terrorism offence referred to in subsection (2).
Note:    There is a defence in section 80.3 for acts done in good faith.
Penalty:    Imprisonment for 5 years.
    (2)    A terrorism offence is referred to in this subsection if:
    (a)    the offence is punishable on conviction by imprisonment for 5 years or more; and
    (b)    the offence is not:
    (i)    an offence against section 11.1 (attempt), 11.4 (incitement) or 11.5 (conspiracy) to the extent that it relates to a terrorism offence; or
    (ii)    a terrorism offence that a person is taken to have committed because of section 11.2 (complicity and common purpose), 11.2A (joint commission) or 11.3 (commission by proxy).
Definitions
    (3)    In this section:
advocates: a person advocates the doing of a terrorist act or the commission of a terrorism offence if the person counsels, promotes, encourages or urges the doing of a terrorist act or the commission of a terrorism offence.
terrorism offence has the same meaning as in subsection 3(1) of the Crimes Act 1914.
terrorist act has the same meaning as in section 100.1.
    (4)    A reference in this section to advocating the doing of a terrorist act or the commission of a terrorism offence includes a reference to:
    (a)    advocating the doing of a terrorist act or the commission of a terrorism offence, even if a terrorist act or terrorism offence does not occur; and
    (b)    advocating the doing of a specific terrorist act or the commission of a specific terrorism offence; and
(c) advocating the doing of more than one terrorist act or the commission of more than one terrorism offence.

BREAK & INCOMPLETE

Division 101—Terrorism


101.1  Terrorist acts
    (1)    A person commits an offence if the person engages in a terrorist act.
Penalty:    Imprisonment for life.
    (2)    Section 15.4 (extended geographical jurisdiction—category D) applies to an offence against subsection (1).


101.2  Providing or receiving training connected with terrorist acts
    (1)    A person commits an offence if:
    (a)    the person provides or receives training; and
    (b)    the training is connected with preparation for, the engagement of a person in, or assistance in a terrorist act; and
    (c)    the person mentioned in paragraph (a) knows of the connection described in paragraph (b).
Penalty:    Imprisonment for 25 years.
    (2)    A person commits an offence if:
    (a)    the person provides or receives training; and
    (b)    the training is connected with preparation for, the engagement of a person in, or assistance in a terrorist act; and
    (c)    the person mentioned in paragraph (a) is reckless as to the existence of the connection described in paragraph (b).
Penalty:    Imprisonment for 15 years.
    (3)    A person commits an offence under this section even if:
    (a)    a terrorist act does not occur; or
    (b)    the training is not connected with preparation for, the engagement of a person in, or assistance in a specific terrorist act; or
    (c)    the training is connected with preparation for, the engagement of a person in, or assistance in more than one terrorist act.
    (4)    Section 15.4 (extended geographical jurisdiction—category D) applies to an offence against this section.
    (5)    If, in a prosecution for an offence (the prosecuted offence) against a subsection of this section, the trier of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an offence (the alternative offence) against another subsection of this section, the trier of fact may find the defendant not guilty of the prosecuted offence but guilty of the alternative offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.

no 101.3
101.4  Possessing things connected with terrorist acts
    (1)    A person commits an offence if:
    (a)    the person possesses a thing; and
    (b)    the thing is connected with preparation for, the engagement of a person in, or assistance in a terrorist act; and
    (c)    the person mentioned in paragraph (a) knows of the connection described in paragraph (b).
Penalty:    Imprisonment for 15 years.
    (2)    A person commits an offence if:
    (a)    the person possesses a thing; and
    (b)    the thing is connected with preparation for, the engagement of a person in, or assistance in a terrorist act; and
    (c)    the person mentioned in paragraph (a) is reckless as to the existence of the connection described in paragraph (b).
Penalty:    Imprisonment for 10 years.
    (3)    A person commits an offence under subsection (1) or (2) even if:
    (a)    a terrorist act does not occur; or
    (b)    the thing is not connected with preparation for, the engagement of a person in, or assistance in a specific terrorist act; or
    (c)    the thing is connected with preparation for, the engagement of a person in, or assistance in more than one terrorist act.
    (4)    Section 15.4 (extended geographical jurisdiction—category D) applies to an offence against this section.
    (5)    Subsections (1) and (2) do not apply if the possession of the thing was not intended to facilitate preparation for, the engagement of a person in, or assistance in a terrorist act.
Note:    A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3)).
    (6)    If, in a prosecution for an offence (the prosecuted offence) against a subsection of this section, the trier of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an offence (the alternative offence) against another subsection of this section, the trier of fact may find the defendant not guilty of the prosecuted offence but guilty of the alternative offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.


101.5  Collecting or making documents likely to facilitate terrorist acts
    (1)    A person commits an offence if:
    (a)    the person collects or makes a document; and
    (b)    the document is connected with preparation for, the engagement of a person in, or assistance in a terrorist act; and
    (c)    the person mentioned in paragraph (a) knows of the connection described in paragraph (b).
Penalty:    Imprisonment for 15 years.
    (2)    A person commits an offence if:
    (a)    the person collects or makes a document; and
    (b)    the document is connected with preparation for, the engagement of a person in, or assistance in a terrorist act; and
    (c)    the person mentioned in paragraph (a) is reckless as to the existence of the connection described in paragraph (b).
Penalty:    Imprisonment for 10 years.
    (3)    A person commits an offence under subsection (1) or (2) even if:
    (a)    a terrorist act does not occur; or
    (b)    the document is not connected with preparation for, the engagement of a person in, or assistance in a specific terrorist act; or
    (c)    the document is connected with preparation for, the engagement of a person in, or assistance in more than one terrorist act.
    (4)    Section 15.4 (extended geographical jurisdiction—category D) applies to an offence against this section.
    (5)    Subsections (1) and (2) do not apply if the collection or making of the document was not intended to facilitate preparation for, the engagement of a person in, or assistance in a terrorist act.
Note:    A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3)).
    (6)    If, in a prosecution for an offence (the prosecuted offence) against a subsection of this section, the trier of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an offence (the alternative offence) against another subsection of this section, the trier of fact may find the defendant not guilty of the prosecuted offence but guilty of the alternative offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.


101.6  Other acts done in preparation for, or planning, terrorist acts
    (1)    A person commits an offence if the person does any act in preparation for, or planning, a terrorist act.
Penalty:    Imprisonment for life.
    (2)    A person commits an offence under subsection (1) even if:
    (a)    a terrorist act does not occur; or
    (b)    the person’s act is not done in preparation for, or planning, a specific terrorist act; or
    (c)    the person’s act is done in preparation for, or planning, more than one terrorist act.
(3) Section 15.4 (extended geographical jurisdiction—category D) applies to an offence against subsection (1).


Division 102—Terrorist organisations
Subdivision A—Definitions


102.1  Definitions
    (1)    In this Division:
advocate has the meaning given by subsection (1A).
associate: a person associates with another person if the person meets or communicates with the other person.
close family member of a person means:
    (a)    the person’s spouse or de facto partner; or
    (b)    a parent, stepparent or grandparent of the person; or
    (c)    a child, stepchild or grandchild of the person; or
    (d)    a brother, sister, stepbrother or stepsister of the person; or
    (e)    a guardian or carer of the person.
Note:    See also subsection (19).
member of an organisation includes:
    (a)    a person who is an informal member of the organisation; and
    (b)    a person who has taken steps to become a member of the organisation
;
and
    (c)    in the case of an organisation that is a body corporate—a director or an officer of the body corporate.
recruit includes induce, incite and encourage.
terrorist organisation means:
    (a)    an organisation that is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act
;
or
    (b)    an organisation that is specified by the regulations for the purposes of this paragraph (see subsections (2), (3) and (4)).
Definition of advocates
    (1A)    In this Division, an organisation advocates the doing of a terrorist act if:
    (a)    the organisation directly or indirectly counsels, promotes, encourages or urges the doing of a terrorist act; or
    (b)    the organisation directly or indirectly provides instruction on the doing of a terrorist act; or
    (c)    the organisation directly praises the doing of a terrorist act in circumstances where there is a substantial risk that such praise might have the effect of leading a person (regardless of his or her age or any mental impairment that the person might suffer) to engage in a terrorist act.
Terrorist organisation regulations
    (2)    Before the GovernorGeneral makes a regulation specifying an organisation for the purposes of paragraph (b) of the definition of terrorist organisation in this section, the AFP Minister must be satisfied on reasonable grounds that the organisation:
    (a)    is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act; or
    (b)    advocates the doing of a terrorist act.
    (2A)    Before the GovernorGeneral makes a regulation specifying an organisation for the purposes of paragraph (b) of the definition of terrorist organisation in this section, the AFP Minister must arrange for the Leader of the Opposition in the House of Representatives to be briefed in relation to the proposed regulation.
    (3)    Regulations for the purposes of paragraph (b) of the definition of terrorist organisation in this section cease to have effect on the third anniversary of the day on which they take effect. To avoid doubt, this subsection does not prevent:
    (a)    the repeal of those regulations; or
    (b)    the cessation of effect of those regulations under subsection (4); or
    (c)    the making of new regulations the same in substance as those regulations (whether the new regulations are made or take effect before or after those regulations cease to have effect because of this subsection).
    (4)    If:
    (a)    an organisation is specified by regulations made for the purposes of paragraph (b) of the definition of terrorist organisation in this section; and
    (b)    the AFP Minister ceases to be satisfied of either of the following (as the case requires):
    (i)    that the organisation is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act;
    (ii)    that the organisation advocates the doing of a terrorist act;
the AFP Minister must, by written notice published in the Gazette, make a declaration to the effect that the AFP Minister has ceased to be so satisfied. The regulations, to the extent to which they specify the organisation, cease to have effect when the declaration is made.
    (5)    To avoid doubt, subsection (4) does not prevent the organisation from being subsequently specified by regulations made for the purposes of paragraph (b) of the definition of terrorist organisation in this section if the AFP Minister becomes satisfied as mentioned in subsection (2).
    (17)    If:
    (a)    an organisation (the listed organisation) is specified in regulations made for the purposes of paragraph (b) of the definition of terrorist organisation in this section; and
    (b)    an individual or an organisation (which may be the listed organisation) makes an application (the delisting application) to the AFP Minister for a declaration under subsection (4) in relation to the listed organisation; and
    (c)    the delisting application is made on the grounds that there is no basis for the AFP Minister to be satisfied that the listed organisation:
    (i)    is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act; or
    (ii)    advocates the doing of a terrorist act;
        as the case requires;
the AFP Minister must consider the delisting application.
    (18)    Subsection (17) does not limit the matters that may be considered by the AFP Minister for the purposes of subsection (4).
    (19)    For the purposes of this Division, the close family members of a person are taken to include the following (without limitation):
    (a)    a de facto partner of the person;
    (b)    someone who is the child of the person, or of whom the person is the child, because of the definition of child in the Dictionary;
    (c)    anyone else who would be a member of the person’s family if someone mentioned in paragraph (a) or (b) is taken to be a close family member of the person.
    (20)    In this section, a reference to the doing of a terrorist act includes:
    (a)    a reference to the doing of a terrorist act, even if a terrorist act does not occur; and
    (b)    a reference to the doing of a specific terrorist act; and
    (c)    a reference to the doing of more than one terrorist act.


102.1AA  Including or removing names of prescribed terrorist organisations
    (1)    This section applies if the AFP Minister is satisfied on reasonable grounds that:
    (a)    an organisation is specified in regulations made for the purposes of paragraph (b) of the definition of terrorist organisation in subsection 102.1(1); and
    (b)    the organisation:
    (i)    is referred to by another name (the alias), in addition to, or instead of, a name used to specify the organisation in the regulations; or
    (ii)    no longer uses a name (the former name) used in the regulations to specify the organisation.
    (2)    The AFP Minister may, by legislative instrument, amend the regulations to do either or both of the following:
    (a)    include the alias in the regulations if the AFP Minister is satisfied as referred to in subparagraph (1)(b)(i);
    (b)    remove the former name from the regulations if the AFP Minister is satisfied as referred to in subparagraph (1)(b)(ii).
    (3)    Amendment of regulations under subsection (2) does not:
    (a)    prevent the further amendment or repeal of the regulations by regulations made under section 5 of this Act for the purposes of paragraph (b) of the definition of terrorist organisation in subsection 102.1(1); or
    (b)    affect when the amended regulations cease to have effect under section 102.1.
    (4)    The AFP Minister may not, by legislative instrument made under this section, amend the regulations to remove entirely an organisation that has been prescribed.
    (5)    To avoid doubt, this section does not affect the power under section 5 of this Act to make regulations for the purposes of paragraph (b) of the definition of terrorist organisation in subsection 102.1(1).
102.1A  Reviews by Parliamentary Joint Committee on Intelligence and Security
Disallowable instruments
    (1)    This section applies in relation to the following disallowable instruments:
    (a)    a regulation that specifies an organisation for the purposes of paragraph (b) of the definition of terrorist organisation in section 102.1;
    (b)    an instrument made under section 102.1AA.
Review of disallowable instrument
    (2)    The Parliamentary Joint Committee on Intelligence and Security may:
    (a)    review the disallowable instrument as soon as possible after the making of the instrument; and
    (b)    report the Committee’s comments and recommendations to each House of the Parliament before the end of the applicable disallowance period for that House.
Review of disallowable instrument—extension of disallowance period
    (3)    If the Committee’s report on a review of a disallowable instrument is tabled in a House of the Parliament:
    (a)    during the applicable disallowance period for that House; and
    (b)    on or after the eighth sitting day of the applicable disallowance period;
then Part 2 of Chapter 3 of the Legislation Act 2003 has effect, in relation to that disallowable instrument and that House, as if each period of 15 sitting days referred to in that Part were extended in accordance with the table:

Extension of applicable disallowance period
Item
If the Committee’s report is tabled in that House...
extend the period of 15 sitting days by...
1
on the fifteenth sitting day of the applicable disallowance period
8 sitting days of that House
2
on the fourteenth sitting day of the applicable disallowance period
7 sitting days of that House
3
on the thirteenth sitting day of the applicable disallowance period
6 sitting days of that House
4
on the twelfth sitting day of the applicable disallowance period
5 sitting days of that House
5
on the eleventh sitting day of the applicable disallowance period
4 sitting days of that House
6
on the tenth sitting day of the applicable disallowance period
3 sitting days of that House
7
on the ninth sitting day of the applicable disallowance period
2 sitting days of that House
8
on the eighth sitting day of the applicable disallowance period
1 sitting day of that House
Applicable disallowance period
    (4)    The applicable disallowance period for a House of the Parliament means the period of 15 sitting days of that House after the disallowable instrument, or a copy of the disallowable instrument, was laid before that House in accordance with section 38 of the Legislation Act 2003.


Subdivision B—Offences


102.2  Directing the activities of a terrorist organisation
    (1)    A person commits an offence if:
    (a)    the person intentionally directs the activities of an organisation; and
    (b)    the organisation is a terrorist organisation; and
    (c)    the person knows the organisation is a terrorist organisation.
Penalty:    Imprisonment for 25 years.
    (2)    A person commits an offence if:
    (a)    the person intentionally directs the activities of an organisation; and
    (b)    the organisation is a terrorist organisation; and
    (c)    the person is reckless as to whether the organisation is a terrorist organisation.
Penalty:    Imprisonment for 15 years.


102.3  Membership of a terrorist organisation
    (1)    A person commits an offence if:
    (a)    the person intentionally is a member of an organisation; and
    (b)    the organisation is a terrorist organisation; and
    (c)    the person knows the organisation is a terrorist organisation.
Penalty:    Imprisonment for 10 years.
    (2)    Subsection (1) does not apply if the person proves that he or she took all reasonable steps to cease to be a member of the organisation as soon as practicable after the person knew that the organisation was a terrorist organisation.
Note:    A defendant bears a legal burden in relation to the matter in subsection (2) (see section 13.4).


102.4  Recruiting for a terrorist organisation
    (1)    A person commits an offence if:
    (a)    the person intentionally recruits a person to join, or participate in the activities of, an organisation; and
    (b)    the organisation is a terrorist organisation; and
    (c)    the firstmentioned person knows the organisation is a terrorist organisation.
Penalty:    Imprisonment for 25 years.
    (2)    A person commits an offence if:
    (a)    the person intentionally recruits a person to join, or participate in the activities of, an organisation; and
    (b)    the organisation is a terrorist organisation; and
    (c)    the firstmentioned person is reckless as to whether the organisation is a terrorist organisation.
Penalty:    Imprisonment for 15 years.


102.5  Training involving a terrorist organisation
    (1)    A person commits an offence if:
    (a)    the person does any of the following:
    (i)    intentionally provides training to an organisation;
    (ii)    intentionally receives training from an organisation;
    (iii)    intentionally participates in training with an organisation; and
    (b)    the organisation is a terrorist organisation; and
    (c)    the person is reckless as to whether the organisation is a terrorist organisation.
Penalty:    Imprisonment for 25 years.
    (2)    A person commits an offence if:
    (a)    the person does any of the following:
    (i)    intentionally provides training to an organisation;
    (ii)    intentionally receives training from an organisation;
    (iii)    intentionally participates in training with an organisation; and
    (b)    the organisation is a terrorist organisation that is covered by paragraph (b) of the definition of terrorist organisation in subsection 102.1(1).
Penalty:    Imprisonment for 25 years.
    (3)    Subject to subsection (4), strict liability applies to paragraph (2)(b).
    (4)    Subsection (2) does not apply unless the person is reckless as to the circumstance mentioned in paragraph (2)(b).
Note:    A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3)).


102.6  Getting funds to, from or for a terrorist organisation
    (1)    A person commits an offence if:
    (a)    the person intentionally:
    (i)    receives funds from, or makes funds available to, an organisation (whether directly or indirectly); or
    (ii)    collects funds for, or on behalf of, an organisation (whether directly or indirectly); and
    (b)    the organisation is a terrorist organisation; and
    (c)    the person knows the organisation is a terrorist organisation.
Penalty:    Imprisonment for 25 years.
    (2)    A person commits an offence if:
    (a)    the person intentionally:
    (i)    receives funds from, or makes funds available to, an organisation (whether directly or indirectly); or
    (ii)    collects funds for, or on behalf of, an organisation (whether directly or indirectly); and
    (b)    the organisation is a terrorist organisation; and
    (c)    the person is reckless as to whether the organisation is a terrorist organisation.
Penalty:    Imprisonment for 15 years.
    (3)    Subsections (1) and (2) do not apply to the person’s receipt of funds from the organisation if the person proves that he or she received the funds solely for the purpose of the provision of:
    (a)    legal representation for a person in proceedings relating to this Division; or
    (aa)    legal advice or legal representation in connection with the question of whether the organisation is a terrorist organisation; or
    (b)    assistance to the organisation for it to comply with a law of the Commonwealth or a State or Territory.
Note:    A defendant bears a legal burden in relation to the matter in subsection (3) (see section 13.4).


102.7  Providing support to a terrorist organisation
    (1)    A person commits an offence if:
    (a)    the person intentionally provides to an organisation support or resources that would help the organisation engage in an activity described in paragraph (a) of the definition of terrorist organisation in this Division; and
    (b)    the organisation is a terrorist organisation; and
    (c)    the person knows the organisation is a terrorist organisation.
Penalty:    Imprisonment for 25 years.
    (2)    A person commits an offence if:
    (a)    the person intentionally provides to an organisation support or resources that would help the organisation engage in an activity described in paragraph (a) of the definition of terrorist organisation in this Division; and
    (b)    the organisation is a terrorist organisation; and
    (c)    the person is reckless as to whether the organisation is a terrorist organisation.
Penalty:    Imprisonment for 15 years.


102.8  Associating with terrorist organisations
    (1)    A person commits an offence if:
    (a)    on 2 or more occasions:
    (i)    the person intentionally associates with another person who is a member of, or a person who promotes or directs the activities of, an organisation; and
    (ii)    the person knows that the organisation is a terrorist organisation; and
    (iii)    the association provides support to the organisation; and
    (iv)    the person intends that the support assist the organisation to expand or to continue to exist; and
    (v)    the person knows that the other person is a member of, or a person who promotes or directs the activities of, the organisation; and
    (b)    the organisation is a terrorist organisation because of paragraph (b) of the definition of terrorist organisation in this Division (whether or not the organisation is a terrorist organisation because of paragraph (a) of that definition also).
Penalty:    Imprisonment for 3 years.
    (2)    A person commits an offence if:
    (a)    the person has previously been convicted of an offence against subsection (1); and
    (b)    the person intentionally associates with another person who is a member of, or a person who promotes or directs the activities of, an organisation; and
    (c)    the person knows that the organisation is a terrorist organisation; and
    (d)    the association provides support to the organisation; and
    (e)    the person intends that the support assist the organisation to expand or to continue to exist; and
    (f)    the person knows that the other person is a member of, or a person who promotes or directs the activities of, the organisation; and
    (g)    the organisation is a terrorist organisation because of paragraph (b) of the definition of terrorist organisation in this Division (whether or not the organisation is a terrorist organisation because of paragraph (a) of that definition also).
Penalty:    Imprisonment for 3 years.
    (3)    Strict liability applies to paragraphs (1)(b) and (2)(g).
    (4)    This section does not apply if:
    (a)    the association is with a close family member and relates only to a matter that could reasonably be regarded (taking into account the person’s cultural background) as a matter of family or domestic concern; or
    (b)    the association is in a place being used for public religious worship and takes place in the course of practising a religion; or
    (c)    the association is only for the purpose of providing aid of a humanitarian nature; or
    (d)    the association is only for the purpose of providing legal advice or legal representation in connection with:
    (i)    criminal proceedings or proceedings related to criminal proceedings (including possible criminal proceedings in the future); or
    (ii)    the question of whether the organisation is a terrorist organisation; or
    (iii)    a decision made or proposed to be made under Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979, or proceedings relating to such a decision or proposed decision; or
    (iv)    a listing or proposed listing under section 15 of the Charter of the United Nations Act 1945 or an application or proposed application to revoke such a listing, or proceedings relating to such a listing or application or proposed listing or application; or
    (v)    proceedings conducted by a military commission of the United States of America established under a Military Order of 13 November 2001 made by the President of the United States of America and entitled “Detention, Treatment, and Trial of Certain NonCitizens in the War Against Terrorism”; or
    (vi)    proceedings for a review of a decision relating to a passport or other travel document or to a failure to issue such a passport or other travel document (including a passport or other travel document that was, or would have been, issued by or on behalf of the government of a foreign country).
Note:    A defendant bears an evidential burden in relation to the matters in subsection (4). See subsection 13.3(3).
    (5)    This section does not apply unless the person is reckless as to the circumstance mentioned in paragraph (1)(b) and (2)(g) (as the case requires).
Note:    A defendant bears an evidential burden in relation to the matter in subsection (5). See subsection 13.3(3).
    (6)    This section does not apply to the extent (if any) that it would infringe any constitutional doctrine of implied freedom of political communication.
Note:    A defendant bears an evidential burden in relation to the matter in subsection (6). See subsection 13.3(3).
    (7)    A person who is convicted of an offence under subsection (1) in relation to the person’s conduct on 2 or more occasions is not liable to be punished for an offence under subsection (1) for other conduct of the person that takes place:
    (a)    at the same time as that conduct; or
    (b)    within 7 days before or after any of those occasions.
Subdivision C—General provisions relating to offences


102.9  Extended geographical jurisdiction for offences
        Section 15.4 (extended geographical jurisdiction—category D) applies to an offence against this Division.


102.10  Alternative verdicts
    (1)    This section applies if, in a prosecution for an offence (the prosecuted offence) against a subsection of a section of this Division, the trier of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an offence (the alternative offence) against another subsection of that section.
(2) The trier of fact may find the defendant not guilty of the prosecuted offence but guilty of the alternative offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.
Division 103—Financing terrorism
103.1  Financing terrorism
    (1)    A person commits an offence if:
    (a)    the person provides or collects funds; and
    (b)    the person is reckless as to whether the funds will be used to facilitate or engage in a terrorist act.
Penalty:    Imprisonment for life.
Note:    Intention is the fault element for the conduct described in paragraph (1)(a). See subsection 5.6(1).
    (2)    A person commits an offence under subsection (1) even if:
    (a)    a terrorist act does not occur; or
    (b)    the funds will not be used to facilitate or engage in a specific terrorist act; or
    (c)    the funds will be used to facilitate or engage in more than one terrorist act.
103.2  Financing a terrorist
    (1)    A person commits an offence if:
    (a)    the person intentionally:
    (i)    makes funds available to another person (whether directly or indirectly); or
    (ii)    collects funds for, or on behalf of, another person (whether directly or indirectly); and
    (b)    the firstmentioned person is reckless as to whether the other person will use the funds to facilitate or engage in a terrorist act.
Penalty:    Imprisonment for life.
    (2)    A person commits an offence under subsection (1) even if:
    (a)    a terrorist act does not occur; or
    (b)    the funds will not be used to facilitate or engage in a specific terrorist act; or
(c) the funds will be used to facilitate or engage in more than one terrorist act.


103.3  Extended geographical jurisdiction for offences
        Section 15.4 (extended geographical jurisdiction—category D) applies to an offence against this Division.

 

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Criminal Code Act 1995 (Cth) Schedule

THE CRIMINAL CODE

 

EXTRACT & INCOMPLETE

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