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 collects or makes a document; and (b) the document 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 collects or makes a document; and (b) the document 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 document is not connected with preparation for, the engagement of an entity in, or assistance in a specific state terrorist act; or (c) the document 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 collection or making of the document 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) ).
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