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Recklessly Providing Support to a Terrorist Organisation

Recklessly providing support to a terrorist organisation is an offence under section 102.7(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 support or resources to an organisation
  2. You did so intentionally
  3. The support or resources would help the organisation engage in, prepare, plan, assist or foster the doing of a terrorist act whether directly or indirectly
  4. The organisation was a terrorist organisation, and
  5. You were reckless as to whether the organisation was a terrorist organisation

A ‘terrorist organisation’ is one that is prescribed as such by the Act or its regulations or one that is otherwise directly or indirectly engaged in preparing, planning, assisting in or fostering the doing of a terrorist act.

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 a 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, and
  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 organisation was a terrorist organisation

And it was unjustifiable to take that risk

But you went ahead with your actions regardless

Self-defence, duress and necessity are legal defences to the charge.

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