Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.3 - Terrorism  

Division 102 - Terrorist organisations  

Subdivision B - Offences  

SECTION 102.5   Training involving a terrorist organisation  

(1)  
A person commits an offence if:


(a) the person does any of the following:


(i) intentionally provides training to an organisation;

(ii) intentionally receives training from an organisation;

(iii) intentionally participates in training with an organisation; and


(b) the organisation is a terrorist organisation; and


(c) the person is reckless as to whether the organisation is a terrorist organisation.

Penalty: Imprisonment for 25 years.

(2)  
A person commits an offence if:


(a) the person does any of the following:


(i) intentionally provides training to an organisation;

(ii) intentionally receives training from an organisation;

(iii) intentionally participates in training with an organisation; and


(b) the organisation is a terrorist organisation that is covered by paragraph (b) of the definition of terrorist organisation in subsection 102.1(1).

Penalty: Imprisonment for 25 years.

(3)  
Subject to subsection (4), strict liability applies to paragraph (2)(b).

(4)  
Subsection (2) does not apply unless the person is reckless as to the circumstance mentioned in paragraph (2)(b).

Note:

A defendant bears an evidential burden in relation to the matters in subsection (4) (see subsection 13.3(3)).


 

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