Recklessly possessing things connected with terrorist acts is an offence under section 101.4(2) of the Criminal Code Act 1995 (Cth), which carries a maximum penalty of 10 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
A ‘terrorist act’ is as an action done or threatened with the intention of:
‘An action’ includes:
An ‘electronic system’ includes:
‘An action’ does not include advocacy, protest, dissent or industrial action not intended to:
You were ‘reckless’ if you were aware there was a substantial risk that the thing was connected with a terrorist act, and it was unjustifiable to take that risk but you went ahead with your actions regardless
You may be found guilty even if:
Defences to the charge include:
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