Going to Court? Book Your Free First Appointment

Being a Member of a Terrorist Organisation

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:

  1. You were a member of an organisation
  2. You became a member intentionally
  3. The organisation was a terrorist organisation, and
  4. You knew the organisation was a terrorist organisation.

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:

  1. Advancing a political, religious or ideological cause, and
  2. Coercing or influencing by intimidation a government of or in Australia, Or a foreign government, or intimidating the public or a section of the public.

A ‘member of an organisation’ includes:

  1. A person who is an informal member
  2. A person who has taken steps to become a member, and
  3. A director or officer of a company that is a member, or an informal member or has taken steps to become a member.

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.

What Our Clients Say SEE ALL

  • ★★★★★

    I am forever grateful for the just work these lawyers do

    I was falsely accused of child assault. Tuan helped me through out the difficult process,…

  • ★★★★★

    These guys are #1 in Sydney for a reason

    Jason Koh was amazing throughout the whole process. I was kept updated from start to…

  • ★★★★★

    Preparing for court and he achieved the best result

    Fred Cao was so professional when dealing with my situation which is related to domestic…

  • ★★★★★

    I can not express my gratitude enough! You are amazing

    Can not recommend Mr Tuan Phan enough! He is very professional, honest and responsive. He…

Going to Court? Call For Your Free First Appointment