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Recklessly Providing or Receiving Training Connected With Terrorist Acts

Recklessly providing or receiving training connected with terrorist acts is an offence under section 101.2(2) of the Criminal Code Act 1995 (Cth), which carries a maximum penalty of 15 years in prison.

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

  1. You provided or received training
  2. The training was connected with preparation for, the engagement of a person in or assistance in a terrorist act, and
  3. You were reckless as to whether the training was connected as such.

A ‘terrorist act’ is an action done or threatened with the intention of:

  1. Coercing, or influencing by intimidation, the government of the Commonwealth or a state, territory or foreign country, or part thereof, or
  2. Intimidating the public or a section thereof.

‘An action’ includes:

  1. Causing serious physical harm to a person
  2. Causing serious damage to property
  3. Causing death
  4. Endangering another’s life
  5. Creating a serious risk to the health or safety of the public or part thereof, or
  6. Seriously interfering with, seriously disrupting or destroying an electronic system.

An ‘electronic system’ includes:

  1. An information, telecommunications or financial system
  2. A system to deliver essential government services, and
  3. A system for or by an essential public utility or transport system.

‘An action’ does not include advocacy, protest, dissent or industrial action not intended to:

  1. Cause death, serious physical harm or endanger another’s life, or
  2. Create a serious risk to the health or safety of the public or a part thereof.

You were ‘reckless’ if you were aware there was a substantial risk that the training 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:

  1. The terrorist act did not occur
  2. The training was not connected with a specific terrorist act, or
  3. The training was connected with more than one terrorist act.

Defences to the charge include:

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

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