Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.3B - Prohibited hate groups  

Division 114B - Offences  

SECTION 114B.4   Training involving a prohibited hate group  

(1)    
A person commits an offence if:

(a)    the person does any of the following:

(i) intentionally provides training to an organisation intending the training to assist the organisation to engage in conduct described in paragraph 114A.4(1)(a) ;

(ii) intentionally provides training to an organisation intending the training to assist the organisation to expand or to continue to exist;

(iii) intentionally receives training from an organisation;

(iv) intentionally participates in training with an organisation; and

(b)    the organisation is a prohibited hate group.

Penalty: Imprisonment for 15 years.

(2)    
Subject to subsection (3) , strict liability applies to paragraph (1)(b) .

(3)    
Subsection (1) does not apply unless the person is reckless as to the circumstance mentioned in paragraph (1)(b) .

Note 1:

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

Note 2:

For other defences, see section 114B.7 .