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 102.6   Getting funds to, from or for a terrorist organisation  

(1)  
A person commits an offence if:


(a) the person intentionally:


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

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


(b) the organisation is a terrorist organisation; and


(c) the person knows the organisation is a terrorist organisation.

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 organisation (whether directly or indirectly); or

(ii) collects funds for, or on behalf of, an organisation (whether directly or indirectly); 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 15 years.

(3)  
Subsections (1) and (2) do not apply to the person ' s receipt of funds from the organisation if the person proves that he or she received the funds solely for the purpose of the provision of:


(a) legal representation for a person in proceedings relating to this Division; or


(aa) legal advice or legal representation in connection with the question of whether the organisation is a terrorist organisation; or


(b) assistance to the organisation 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 (3) (see section 13.4 ).


 

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