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 112.5   Getting funds to, from or for a state sponsor of terrorism  

(1)    
A person commits an offence if:

(a)    the person intentionally:

(i) receives funds from, or makes funds available to, an entity (whether directly or indirectly); or

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

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

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

(d)    if the 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 subsection (4) and section 112.8 .

Penalty: Imprisonment for 25 years.

(2)    
A person commits an offence if:

(a)    the person intentionally:

(i) receives funds from, or makes funds available to, an entity (whether directly or indirectly); or

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

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

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

(d)    if the 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 subsection (4) and section 112.8 .

Penalty: Imprisonment for 15 years.

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

Exception

(4)    
Subsections (1) and (2) do not apply to the person ' s receipt of funds from the entity 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 Division; or

(b)    legal advice or legal representation in connection with the question of whether the entity is a state sponsor of terrorism; or

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

Note:

A defendant bears a legal burden in relation to the matter in subsection (4) (see section 13.4 ).