Section 102.5 Criminal Code Act | Training Terrorist Organisation


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The Legislation

Section 102.5 of the Criminal Code Act 1995 (Cth) is Training Terrorist Organisation and is extracted below. If you require Expert Legal Advice from an

Experienced Criminal Defence Lawyer for your Training Terrorist Organisation matter, call Sydney Criminal Lawyers today on (02) 9261 8881.

102.5  Training a terrorist organisation or receiving training from a terrorist organisation

(1)  A person commits an offence if:

(a)  the person intentionally provides training to, or intentionally receives training from, an organisation; 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 25 years.

(2)  A person commits an offence if:

(a)  the person intentionally provides training to, or intentionally receives training from, an organisation; and

(b)  the organisation is a terrorist organisation that is covered by paragraph (b) of the definition of terrorist organisation in subsection 102.1(1).

Penalty:  Imprisonment for 25 years.

(3)  Subject to subsection (4), strict liability applies to paragraph (2)(b).

(4)  Subsection (2) does not apply unless the person is reckless as to the circumstance mentioned in paragraph (2)(b).

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