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Terrorist Act

Under section 101.1 of the Criminal Code it is an offence to commit a terrorist act. A terrorist act is defined as an action that is done or a threat that is made with the intention of advancing a political, religious or ideological cause and the action is done or threat is made with the intention of:

 

  • 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
  • intimidating the public or a section of the public.

The maximum penalty for engaging in a terrorist act is life imprisonment.

An act containing the following elements constitutes a terrorist act 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.

 

The prosecution must prove the act results in one of the above, beyond a reasonable doubt. However, you may still be convicted of committing a terrorist act if:


• you intended to commit the act, even if it wasn’t carried out; or
• you were reckless to whether your actions would result in a terrorist act.

 

It is important to note that a references to recklessness in Commonwealth offences refer to the accused being aware was aware that there was a substantial risk in the conduct taken and that it was unjustifiable to take that risk.

Defences for committing a terrorist act include:

 

  • Self-defence;
  • Necessity;
  • Duress;
  • Mental illness.

Providing or Receiving Training Connected with Terrorist Acts

Under section 101.2 of the Criminal Code a person commits an offence if the training provided or received is:

 

  • connected with the preparation for; or
  • the engagement of a person in; or
  • assistance in the a terrorist act.

The maximum penalty for knowing there was a connection with providing or receiving training connected with preparation, engagement or assistance in a terrorist act is 25 years imprisonment.

 

The maximum penalty for being reckless as to the connection of providing or receiving training connected with preparation, engagement or assistance in a terrorist act is 15 years imprisonment.

To be found guilty of the offence of providing or receiving training connected with terrorist acts, the prosecution must prove either:

 

  • you knew there was a connection with the training, preparation, or assistance; or
  • you were reckless to the connection with the training, preparation, or assistance.

It is important to note that a references to recklessness in Commonwealth offences

 refers to the accused being aware was aware that there was a substantial risk in the conduct taken and that it was unjustifiable to take that risk.

Defences for providing or receiving training connected with a terrorist act include:

 

  • Self-defence;
  • Necessity;
  • Duress;
  • Mental illness.

Possessing Things Connected with Terrorist Acts

Under section 101.4 of the Criminal Code a is guilty of an if they possess a thing connected with a terrorist act if:

 

  • the thing connected with the preparation of a terrorist act,
  • the thing is connected with the training, preparation, or assistance.

The maximum penalty for knowing there was a connection with possessing things connected with terrorist acts is 15 years imprisonment.

 

The maximum penalty for being reckless as to the connection of possessing things connected with terrorist acts is 10 years imprisonment.

To be found guilty of the offence of possessing things connect connected with terrorist acts, the prosecution must prove either:

 

  • you knew the thing was connected with the preparation, or assistance in a terrorist act; or
  • you were reckless to the thing being connected with preparation, the engagement of a person in, or assistance in a terrorist act.

 

It is important to note that a references to recklessness in Commonwealth offences refer to the accused being aware was aware that there was a substantial risk in the conduct taken and that it was unjustifiable to take that risk.

Defences for providing or receiving training connected with a terrorist act include:

 

  • Self-defence;
  • Necessity;
  • Duress;
  • Mental illness.

Collecting or Making Documents likely to Facilitate Terrorist Acts

Under section 101.5 of the Criminal Code is an offence to collect or make a document that is connected with the:

 

  • preparation for; or
  • engagement of a person in; or
  • assistance in a terrorist act.

The maximum penalty for collecting or making documents likely to facilitate terrorist acts is 15 years imprisonment.

 

The maximum penalty for being reckless to collecting or making documents likely to facilitate terrorist acts is 10 years imprisonment.

To be found guilty of the offence of collecting or making documents likely to facilitate terrorist acts, the prosecution must prove either:

 

  • you collect or make a document that is connected with the preparation, or assistance in a terrorist act; or
  • you were reckless to collecting or making a document connected with preparation, the engagement of a person in, or assistance in a terrorist act.

It is important to note that a references to recklessness in Commonwealth offences refers to the accused being aware was aware that there was a substantial risk in the conduct taken and that it was unjustifiable to take that risk.

Defences for providing or receiving training connected with a terrorist act include:

 

  • Self-defence;
  • Necessity;
  • Duress;
  • Mental illness.

Other Acts Done in Preparation for, or Planning, Terrorist Acts

Under section 101.6 of the Criminal Code it is an offence to do any act in preparation for, or planning a terrorist act.

The maximum penalty for other acts done in preparation for, or planning, a terrorist act is life imprisonment.

To be found guilty of other acts in preparation for, or planning, terrorist acts the prosecution needs to only prove:

 

  • The preparation or planning occurred;
  • The preparation or planning was for a terrorist act.

Defences for this offence include:

 

  • Self-defence;
  • Necessity;
  • Duress;
  • Mental illness.

Directing the Activities of a Terrorist Organisation

Under section 102.2 of the Criminal Code a person commits an offence if they intentionally direct the activities of a terrorist organisation.

The maximum penalty for directing the activities of a terrorist organisation is 25 years imprisonment.

 

The maximum penalty for directing the activities of a terrorist organisation, where you were reckless as to whether the organisation us a terrorist organisation is 15 years imprisonment.

To be found guilty of an offence of directing the activities of a terrorist organisation the prosecution must prove the:

 

  • person intentionally directed the activities of an organisation; and
  • organisation is a terrorist organisation; and
  • person knows the organisation is a terrorist organisation; or
  • person was reckless as to whether the organisation is a terrorist organisation.

It is important to note that a references to recklessness in Commonwealth offences refers to the accused being aware was aware that there was a substantial risk in the conduct taken and that it was unjustifiable to take that risk.

Defences for this offence include:

 

  • You took all reasonable steps to stop associating with the organisation once you realised it was a terrorist organisation;
  • Necessity;
  • Duress;
  • Mental illness.

Membership of a Terrorist Organisation

Under section 102.3 of the Criminal Code it is an offence to be a member of a terrorist organisation.

The maximum penalty for being a member of a terrorist organisation is 10 years imprisonment.

To be found guilty of being a member of a terrorist organisation, the prosecution must prove:

 

  1. You were intentionally a member of an organisation;
  2. The organisation is a terrorist organisation; and
  3. You know the organisation is a terrorist organisation.

Defences for this offence include:

 

  • You took all reasonable steps to stop associating with the organisation once you realised it was a terrorist organisation;
  • Necessity;
  • Duress;
  • Mental illness.

Recruiting for a Terrorist Organisation

Under section 102.4 of the Criminal Code it is an offence to recruit a person to join or participate in the activities of a terrorist organisation.

The maximum penalty for recruiting for a terrorist organisation is 25 years imprisonment.

 

The maximum penalty for recruiting for a terrorist organisation, where you were reckless as to whether the organisation us a terrorist organisation is 15 years imprisonment.

To be found guilty of the offence of recruiting for a terrorist organisation, the prosecution must prove:

 

  • A person intentionally recruits a person to join, or participate in the activities of an organisation; and
  • The organisation is a terrorist organisation; and
  • The person recruiting knows the organisation is a terrorist organisation; or
  • The person recruiting is reckless as to whether the organisation is a terrorist organisation.

It is important to note that a references to recklessness in Commonwealth offences refer to the accused being aware was aware that there was a substantial risk in the conduct taken and that it was unjustifiable to take that risk.

Defences for this offence include:

 

  • You took all reasonable steps to stop associating with the organisation once you realised it was a terrorist organisation;
  • Necessity;
  • Duress;
  • Mental illness.

Getting Funds, from or for a Terrorist Organisation

Under section 102.6 of the Criminal Code a person commits an offence if they:

 

  • receive funds from, or make funds available to a terrorist organisation; or
  • collect funds for, or on behalf of a terrorist organisation.

The maximum penalty for getting funds, from or for a terrorist organisation is 25 years imprisonment.

 

The maximum penalty for getting funds, from or for a terrorist organisation, where you were reckless as to whether the organisation is a terrorist organisation is 15 years imprisonment.

To be found guilty of the offence of getting funds, from or for a terrorist organisation, the prosecution must prove the person intentionally:

 

  • received funds from, or made funds available to, an organisation (whether directly or indirectly); or
  • collected funds for or on behalf of, an organisation (whether directly or indirectly); and
  • the organisation was a terrorist organisation; and
  • the person new the organisation was a terrorist organisation; or
  • the person was reckless as to whether the organisation is a terrorist organisation.

It is important to note that a references to recklessness in Commonwealth offences refer to the accused being aware was aware that there was a substantial risk in the conduct taken and that it was unjustifiable to take that risk.

Defences for getting funds, from or for a terrorist organisation include:

 

  • You took all reasonable steps to stop to stop getting the funds once you realised they were coming from or going to a terrorist organisation;
  • Necessity;
  • Duress

Financing Terrorism

Under section 103.1 of the Criminal Code it is an offence to provide or collect funds for a terrorist act.

The maximum penalty for financing terrorism is life imprisonment.

To be found guilty of providing or collecting funds for a terrorist act, the prosecution must prove:

 

  • You provided or collected funds;
  • You were reckless as to whether the funds will be used to facilitate or engage in a terrorist act.

A person is guilty of this offence, even if the terrorist act does not occur.

 

It is important to note that a references to recklessness in Commonwealth offences refer to the accused being aware was aware that there was a substantial risk in the conduct taken and that it was unjustifiable to take that risk.

Defences to the offence of financing terrorism include:

 

  • You took all reasonable steps to stop providing or collecting funding once you were became aware the funding was for the purpose of supporting terrorism;
  • Duress;
  • Necessity;
  • Mental illness.

Financing a Terrorist

Under section 103.2 of the Criminal Code it is an offence to finance a terrorist.

The maximum penalty for financing a terrorist is life imprisonment.

To be found guilty of financing a terrorist a terrorist, the prosecution must prove:

 

  • You provided funds to another person; or
  • collected funds for another person;
  • You were reckless as to whether the funds will be used to facilitate or engage in a terrorist act.

A person is guilty of this offence, even if the terrorist act does not occur.

 

It is important to note that a references to recklessness in Commonwealth offences refer to the accused being aware was aware that there was a substantial risk in the conduct taken and that it was unjustifiable to take that risk.

Defences to the offence of financing a terrorist include:

 

  • You took all reasonable steps to stop providing or collecting funding once you were became aware the funding was for the purpose of supporting a terrorist;
  • Duress;
  • Necessity;
  • Mental illness.
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