Going to Court? Book Your Free First Appointment

Advocating Terrorism

Advocating terrorism is an offence under section 80.2C of the Criminal Code Act 1995 (Cth), which carries a maximum penalty of 5 years in prison

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You advocated the doing of a terrorist act, or you advocated the commission of a terrorism offence, and
  2. You were reckless as to whether another person would engage in a terrorist act or commit a terrorism offence as a result.

To ‘advocate’ is to counsel, promote, encourage or urge.

A ‘terrorist act’ includes an action or threat of action that:

  1. causes death, serious physical harm, serious property damage, serious risk to public health or safety, serious disruption or destruction to electronic systems, or endangers life
  2. Is intended to advance a political, religious or ideological cause, and
  3. Is intended to coerce or influence a government by intimidation, or to intimidate the public or a section of the public.

‘Terrorism offences’ include:

  1. Providing or receiving training in connection with terrorist acts
  2. Preparing for or planning terrorist acts
  3. Possessing items in connection with terrorist acts, and
  4. Committing terrorist acts.

You can be found guilty even if the act you advocated did not occur.

You are not guilty if your conduct was in ‘good faith’, which includes:

  1. Pointing out matters that produce, or have a tendency to produce, feelings of ill-will or hostility between different groups, in order to bring about the removal of those matters, or
  2. Publishing a report or commentary about a matter of public interest.

The onus is on you to establish that defence ‘on the balance of probabilities’.

Other defences to the charge include:

  1. Self defence
  2. Duress, and
  3. Necessity.

What Our Clients Say SEE ALL

  • ★★★★★

    The Judge was impressed with the high quality material he helped present

    Fahim recently helped finalise a matter with the best outcome we could ever hoped for.…

  • ★★★★★

    Respect, dignity and determination

    Fahim, the name brings me memories of respect, dignity and determination. Absolutely relentless in his…

  • ★★★★★

    His second-to-non investigative and analytical skills have led to the strongest defence in court

    Fahim recently helped finalise a matter with the best outcome we could ever hoped for.…

  • ★★★★★

    An absolute consummate professional

    Karina is an absolute consummate professional. I recommend that if you're in legal trouble that…

Going to Court? Call For Your Free First Appointment