Section 102.3 Criminal Code Act | Membership of Terrorist Organisation

The Legislation

Section 102.3 of the Criminal Code Act 1995 (Cth) is Membership of Terrorist Organisation and is extracted below.

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102.3  Membership of a terrorist organisation

(1)  A person commits an offence if:

(a)  the person intentionally is a member of an organisation; and

(b)  the organisation is a terrorist organisation; and

(c)  the person knows the organisation is a terrorist organisation.

Penalty:  Imprisonment for 10 years.

(2)  Subsection (1) does not apply if the person proves that he or she took all reasonable steps to cease to be a member of the organisation as soon as practicable after the person knew that the organisation was a terrorist organisation.

Note:          A defendant bears a legal burden in relation to the matter in subsection (2) (see section 13.4).

A ‘Member of a Terrorist Organisation’ is defined as:

(a)  a person who is an informal member of the organisation; and

(b)  a person who has taken steps to become a member of the organisation; and

(c)  in the case of an organisation that is a body corporate—a director or an officer of the body corporate.

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)).