Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.3 - Terrorism  

Division 101 - Terrorism  

SECTION 101.4   Possessing things connected with 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 a person in, or assistance in a terrorist act; and


(c) the person mentioned in paragraph (a) knows of the connection described in paragraph (b).

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 a person in, or assistance in a terrorist act; and


(c) the person mentioned in paragraph (a) is reckless as to the existence of the connection described in paragraph (b).

Penalty: Imprisonment for 10 years.

(3)  
A person commits an offence under subsection (1) or (2) even if the terrorist act does not occur.

(4)  
Section 15.4 (extended geographical jurisdiction - category D) applies to an offence against this section.

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

Note:

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

(6)  
If, in a prosecution for an offence (the prosecuted offence ) against a subsection of this section, the trier of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an offence (the alternative offence ) against another subsection of this section, the trier of fact may find the defendant not guilty of the prosecuted offence but guilty of the alternative offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.




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