Being a Member of a Terrorist Organisation is an offence under section 310J of the Crimes Act 1900, which carries a maximum penalty of 10 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
A ‘terrorist organisation’ is one which directly or indirectly engages in, prepares, plans, assists in or fosters the doing of terrorist acts.
A ‘terrorist act’ is an action or threat of action done or made with the intention of:
A ‘member of an organisation’ includes:
You are not guilty of the offence if you establish ‘on the balance of probabilities’ that you took all reasonable steps to cease to be a member of the organisation as soon as practicable after becoming aware the organisation was a terrorist organisation.
You are not liable for the offence if you have already been punished for equivalent conduct under the Criminal Code Act 1995 (Cth).
Duress is a defence to the charge.
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