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 112.7   Associating with state sponsor of terrorism  

(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 entity; and

(ii) the association provides support to the entity; and

(iii) the person intends that the support assist the entity to expand or to continue to exist; and

(iv) the person knows that the other person is a member of, or a person who promotes or directs the activities of, the entity; and

(b)    the entity is a state sponsor of terrorism.

Note:

For defences, see subsections (4) , (5) and (6) and section 112.8 .

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, a foreign state entity; and

(c)    the association provides support to the entity; and

(d)    the person intends that the support assist the entity to expand or to continue to exist; and

(e)    the person knows that the other person is a member of, or a person who promotes or directs the activities of, the entity; and

(f)    the entity is a state sponsor of terrorism.

Note:

For defences, see subsections (4) to (6) and section 112.8 .

Penalty: Imprisonment for 3 years.

(3)    
Strict liability applies to paragraphs (1)(b) and (2)(f) .

Exceptions

(4)    
This section does not apply unless the person is reckless as to the circumstance mentioned in paragraph (1)(b) and (2)(f) (as the case requires).

Note:

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

(5)    
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 entity is a state sponsor of terrorism; 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) 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); or

(v) a listing, or proposed listing, of a person, entity, asset or class of asset under section 15 of the Charter of the United Nations Act 1945 ; or

(vi) the application of a regulation made for the purposes of section 10 of the Autonomous Sanctions Act 2011 .

Note:

A defendant bears an evidential burden in relation to the matters 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) ).

Limit on punishment for further offences

(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.