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 112.3   Recruiting for a state sponsor of terrorism  

(1)    
A person commits an offence if:

(a)    the person intentionally recruits a person to join, or participate in the activities of, an entity; and

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

(c)    the first-mentioned person knows the entity is a state sponsor of terrorism; and

(d)    if the first-mentioned 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 section 112.8 .

Penalty: Imprisonment for 25 years.


(2)    
A person commits an offence if:

(a)    the person intentionally recruits a person to join, or participate in the activities of, an entity; and

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

(c)    the first-mentioned person is reckless as to whether the entity is a state sponsor of terrorism; and

(d)    if the first-mentioned 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 section 112.8 .

Penalty: Imprisonment for 15 years.


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




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