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:
To ‘advocate’ is to counsel, promote, encourage or urge.
A ‘terrorist act’ includes an action or threat of action that:
‘Terrorism offences’ include:
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:
The onus is on you to establish that defence ‘on the balance of probabilities’.
Other defences to the charge include:
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