Section 102.8 Criminal Code Act | Associating with Terrorist Organisations


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The Legislation

Section 102.8 of the Criminal Code Act 1995 (Cth) is Associating with Terrorist Organisations and is extracted below.

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102.8  Associating with terrorist organisations

(1)  A person commits an offence if:

(a)  on 2 or more occasions:

(i)  the person intentionally associates with another person who is a member of, or a person who promotes or directs the activities of, an organisation; and

(ii)  the person knows that the organisation is a terrorist organisation; and

(iii)  the association provides support to the organisation; and

(iv)  the person intends that the support assist the organisation to expand or to continue to exist; and

(v)  the person knows that the other person is a member of, or a person who promotes or directs the activities of, the organisation; and

(b)  the organisation is a terrorist organisation because of paragraph (b) of the definition of terrorist organisation in this Division (whether or not the organisation is a terrorist organisation because of paragraph (a) of that definition also).

Penalty:  Imprisonment for 3 years.

(2)  A person commits an offence if:

(a)  the person has previously been convicted of an offence against subsection (1); and

(b)  the person intentionally associates with another person who is a member of, or a person who promotes or directs the activities of, an organisation; and

(c)  the person knows that the organisation is a terrorist organisation; and

(d)  the association provides support to the organisation; and

(e)  the person intends that the support assist the organisation to expand or to continue to exist; and

(f)  the person knows that the other person is a member of, or a person who promotes or directs the activities of, the organisation; and

(g)  the organisation is a terrorist organisation because of paragraph (b) of the definition of terrorist organisation in this Division (whether or not the organisation is a terrorist organisation because of paragraph (a) of that definition also).

Penalty:  Imprisonment for 3 years.

(3)  Strict liability applies to paragraphs (1)(b) and (2)(g).

(4)  This section does not apply if:

(a)  the association is with a close family member and relates only to a matter that could reasonably be regarded (taking into account the person’s cultural background) as a matter of family or domestic concern; or

(b)  the association is in a place being used for public religious worship and takes place in the course of practising a religion; or

(c)  the association is only for the purpose of providing aid of a humanitarian nature; or

(d)  the association is only for the purpose of providing legal advice or legal representation in connection with:

(i)  criminal proceedings or proceedings related to criminal proceedings (including possible criminal proceedings in the future); or

(ii)  proceedings relating to whether the organisation in question is a terrorist organisation; or

(iii)  a decision made or proposed to be made under Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979, or proceedings relating to such a decision or proposed decision; or

(iv)  a listing or proposed listing under section 15 of the Charter of the United Nations Act 1945 or an application or proposed application to revoke such a listing, or proceedings relating to such a listing or application or proposed listing or application; or

(v)  proceedings conducted by a military commission of the United States of America established under a Military Order of 13 November 2001 made by the President of the United States of America and entitled “Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism”; or

(vi)  proceedings for a review of a decision relating to a passport or other travel document or to a failure to issue such a passport or other travel document (including a passport or other travel document that was, or would have been, issued by or on behalf of the government of a foreign country).

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

(5)  This section does not apply unless the person is reckless as to the circumstance mentioned in paragraph (1)(b) and (2)(g) (as the case requires).

Note:          A defendant bears an evidential burden in relation to the matter in subsection (5). See subsection 13.3(3).

(6)  This section does not apply to the extent (if any) that it would infringe any constitutional doctrine of implied freedom of political communication.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (6). See subsection 13.3(3).

(7)  A person who is convicted of an offence under subsection (1) in relation to the person’s conduct on 2 or more occasions is not liable to be punished for an offence under subsection (1) for other conduct of the person that takes place:

(a)  at the same time as that conduct; or

(b)  within 7 days before or after any of those occasions.

A ‘Terrorist Organisation’ is defined as:

(a)  an organisation that is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act (whether or not a terrorist act occurs); or

(b)        an organisation that is specified by the regulations for the purposes of this paragraph (see subsections (2), (3) and (4)).