Section 102.6 Criminal Code Act | Funding Terrorist Organisation


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The Legislation

Section 102.6 of the Criminal Code Act 1995 (Cth) is Funding Terrorist Organisation and is extracted below.

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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

(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).

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)).