Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.3A - State sponsors of terrorism  

Division 112 - Dealings with state sponsor of terrorism  

SECTION 112.4   Training involving a state sponsor of terrorism  

(1)    
A person commits an offence if:

(a)    the person does any of the following:


(i) intentionally provides training to an entity;

(ii) intentionally receives training from an entity;

(iii) intentionally participates in training with an entity; and

(b)    the entity is a state sponsor of terrorism; and

(c)    if the person is a foreign state entity or a member of a foreign state entity - that foreign state entity is also a state sponsor of terrorism.

Note:

For defences, see subsection (4) and section 112.8 .

Penalty: Imprisonment for 25 years.


(2)    
Subject to subsection (4) , strict liability applies to paragraph (1)(b) .

(3)    
Strict liability applies to paragraph (1)(c) .

Exception

(4)    
Subsection (1) does not apply unless the person is reckless as to the circumstance mentioned in paragraph (1)(b) .

Note:

A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) ).





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