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 intentionally:
(i) receives funds from, or makes funds available to, an entity (whether directly or indirectly); or
(b) the entity is a state sponsor of terrorism; and (c) the person knows the entity is a state sponsor of terrorism; and (d) if the person is a foreign state entity or a member of a foreign state entity - that foreign state entity is also a state sponsor of terrorism.
(ii) collects funds for, or on behalf of, an entity (whether directly or indirectly); and
Note:
For defences, see subsection (4) and section 112.8 .
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 entity (whether directly or indirectly); or
(b) the entity is a state sponsor of terrorism; and (c) the person is reckless as to whether the entity is a state sponsor of terrorism; and (d) if the person is a foreign state entity or a member of a foreign state entity - that foreign state entity is also a state sponsor of terrorism.
(ii) collects funds for, or on behalf of, an entity (whether directly or indirectly); and
Note:
For defences, see subsection (4) and section 112.8 .
Penalty: Imprisonment for 15 years.
(3)
Strict liability applies to paragraphs (1)(d) and (2)(d) .
Exception
(4)
Subsections (1) and (2) do not apply to the person ' s receipt of funds from the entity if the person proves that the person received the funds solely for the purpose of the provision of: (a) legal representation for a person in proceedings relating to this Division; or (b) legal advice or legal representation in connection with the question of whether the entity is a state sponsor of terrorism; or (c) assistance to the entity 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 (4) (see section 13.4 ).
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.
