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.5   Getting funds to, from or for a prohibited hate group  

(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) intending the receipt or provision of the funds to assist the organisation to engage in conduct described in paragraph 114A.4(1)(a) ; or

(ii) receives funds from, or makes funds available to, an organisation (whether directly or indirectly) intending the receipt or provision of the funds to assist the organisation to expand or to continue to exist; or

(iii) collects funds for, or on behalf of, an organisation (whether directly or indirectly); and

(b)    the organisation is a prohibited hate group; and

(c)    the person knows the organisation is a prohibited hate group.

Penalty: Imprisonment for 15 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) intending the receipt or provision of the funds to assist the organisation to engage in conduct described in paragraph 114A.4(1)(a) ; or

(ii) receives funds from, or makes funds available to, an organisation (whether directly or indirectly) intending the receipt or provision of the funds to assist the organisation to expand or to continue to exist; or

(iii) collects funds for, or on behalf of, an organisation (whether directly or indirectly); and

(b)    the organisation is a prohibited hate group; and

(c)    the person is reckless as to whether the organisation is a prohibited hate group.

Penalty: Imprisonment for 10 years.

(3)    
Subsections (1) and (2) do not apply to the person ' s receipt of funds from the organisation if the person proves that the person received the funds solely for the purpose of the provision of:

(a)    legal representation for a person in proceedings relating to this Part; or

(b)    legal advice or legal representation in connection with the question of whether the organisation is a prohibited hate group; or

(c)    assistance to the organisation for it to comply with a law of the Commonwealth or a State or Territory.

Note 1:

A defendant bears a legal burden in relation to the matter in subsection (3) (see section 13.4 ).

Note 2:

For other defences, see section 114B.7 .