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 111 - State terrorist acts etc.  

Subdivision A - Activities relating to state terrorist acts  

SECTION 111.4   Possessing things connected with state terrorist acts  

(1)    
A person commits an offence if:

(a)    the person possesses a thing; and

(b)    the thing is connected with preparation for, the engagement of an entity in, or assistance in a state terrorist act; and

(c)    the person knows of the connection described in paragraph (b) ; and

(d)    either:

(i) the person is an Australian citizen or Australian permanent resident; or

(ii) the terrorist act is targeted at Australia; and

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

Penalty: Imprisonment for 15 years.

(2)    
A person commits an offence if:

(a)    the person possesses a thing; and

(b)    the thing is connected with preparation for, the engagement of an entity in, or assistance in a state terrorist act; and

(c)    the person is reckless as to the existence of the connection described in paragraph (b) ; and

(d)    either:

(i) the person is an Australian citizen or Australian permanent resident; or

(ii) the terrorist act is targeted at Australia; and

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

Penalty: Imprisonment for 10 years.

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

(4)    
A person commits an offence under subsection (1) or (2) even if:

(a)    a state terrorist act does not occur; or

(b)    the thing is not connected with preparation for, the engagement of an entity in, or assistance in a specific state terrorist act; or

(c)    the thing is connected with preparation for, the engagement of an entity in, or assistance in more than one terrorist act.

Exception

(5)    
Subsections (1) and (2) do not apply if the possession of the thing was not intended to facilitate preparation for, the engagement of an entity in, or assistance in a state terrorist act.

Note:

A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3) ).