Criminal Code Act 1995
Section 3
CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH Part 5.3A - State sponsors of terrorism
View history note
Hide history noteA person commits an offence if: (a) the person possesses a thing; and (b) the thing is connected with preparation for, the engagement of an entity in, or assistance in a state terrorist act; and (c) the person knows of the connection described in paragraph (b) ; and (d) either:
(i) the person is an Australian citizen or Australian permanent resident; or
(e) if the person is a foreign state entity or a member of a foreign state entity - the entity is a state sponsor of terrorism.
(ii) the terrorist act is targeted at Australia; and
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 an entity in, or assistance in a state terrorist act; and (c) the person is reckless as to the existence of the connection described in paragraph (b) ; and (d) either:
(i) the person is an Australian citizen or Australian permanent resident; or
(e) if the person is a foreign state entity or a member of a foreign state entity - the entity is a state sponsor of terrorism.
(ii) the terrorist act is targeted at Australia; and
Penalty: Imprisonment for 10 years.
(3)
Strict liability applies to paragraphs (1)(e) and (2)(e) .
(4)
A person commits an offence under subsection (1) or (2) even if: (a) a state terrorist act does not occur; or (b) the thing is not connected with preparation for, the engagement of an entity in, or assistance in a specific state terrorist act; or (c) the thing is connected with preparation for, the engagement of an entity in, or assistance in more than one terrorist act.
Exception
(5)
Subsections (1) and (2) do not apply if the possession of the thing was not intended to facilitate preparation for, the engagement of an entity in, or assistance in a state terrorist act.
Note:
A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3) ).
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.
