(2) A person commits an offence under subsection (1) even if:
(a) a terrorist act does not occur; or
(b) the person’s act is not done in preparation for, or planning, a specific terrorist act; or
(c) the person’s act is done in preparation for, or planning, more than one terrorist act.
(3) Section 15.4 (extended geographical jurisdiction—category D) applies to an offence against subsection (1).
Division 102—Terrorist organisations
Subdivision A—Definitions
102.1 Definitions
(1) In this Division:
advocate has the meaning given by subsection (1A).
associate: a person associates with another person if the person meets or communicates with the other person.
close family member of a person (the first person) means:
(a) the first person’s spouse or de facto partner; or
(b) a parent, step‑parent or grandparent of the first person; or
(c) any other person who would be a parent, step‑parent or grandparent of the first person if the first person were a child (within the meaning of Part VII of the Family Law Act 1975) of the other person or a third person; or
(d) a child, step‑child or grandchild of the first person; or
(e) any other person who would be a step‑child or grandchild of the first person if the other person were a child (within the meaning of Part VII of the Family Law Act 1975) of a third person; or
(f) a brother, sister, step‑brother or step‑sister of the first person; or
(g) any other person who would be a brother, sister, step‑brother or step‑sister of the first person if the other person were a child (within the meaning of Part VII of the Family Law Act 1975) of a third person; or
(h) a guardian or carer of the first person.
member of an organisation includes:
(a) a person who is an informal member of the organisation; and
(b) a person who has taken steps to become a member of the organisation; and
(c) in the case of an organisation that is a body corporate—a director or an officer of the body corporate.
recruit includes induce, incite and encourage.
terrorist organisation means:
(a) an organisation that is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act; or
(b) an organisation that is specified by the regulations for the purposes of this paragraph (see subsections (2), (2A) and (4B) and section 102.1AA).
Definition of advocates
(1A) In this Division, an organisation advocates the doing of a terrorist act if:
(a) the organisation directly or indirectly counsels, promotes, encourages or urges the doing of a terrorist act; or
(b) the organisation directly or indirectly provides instruction on the doing of a terrorist act; or
(c) the organisation directly praises the doing of a terrorist act in circumstances where there is a substantial risk that such praise might have the effect of leading a person (regardless of his or her age or any mental impairment that the person might suffer) to engage in a terrorist act.
Terrorist organisation regulations
(2) Before the Governor‑General makes a regulation specifying an organisation for the purposes of paragraph (b) of the definition of terrorist organisation in this section, the AFP Minister must be satisfied on reasonable grounds that the organisation:
(a) is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act; or
(b) advocates the doing of a terrorist act.
(2A) Before the Governor‑General makes a regulation specifying an organisation for the purposes of paragraph (b) of the definition of terrorist organisation in this section, the AFP Minister must arrange for the Leader of the Opposition in the House of Representatives to be briefed in relation to the proposed regulation.
(4) If:
(a) an organisation is specified by regulations made for the purposes of paragraph (b) of the definition of terrorist organisation in this section; and
(b) the AFP Minister ceases to be satisfied of either of the following (as the case requires):
(i) that the organisation is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act;
(ii) that the organisation advocates the doing of a terrorist act;
the AFP Minister must, by written notice published in the Gazette, make a declaration to the effect that the AFP Minister has ceased to be so satisfied.
(4A) The declaration must specify the day on which the Minister ceased to be so satisfied.
(4B) The regulations, to the extent to which they specify the organisation, are taken to cease to have effect on the day specified in the declaration under subsection (4A), even if that day occurred before the day on which the declaration is made.
(5) To avoid doubt, subsections (4) to (4B) do not prevent the organisation from being subsequently specified by regulations made for the purposes of paragraph (b) of the definition of terrorist organisation in this section if the AFP Minister becomes satisfied as mentioned in subsection (2).
(16) Subsection (17) applies if:
(a) an organisation (the listed organisation) is specified in regulations made for the purposes of paragraph (b) of the definition of terrorist organisation in this section; and
(b) an individual or an organisation (which may be the listed organisation) makes an application (the de‑listing application) to the AFP Minister for a declaration under subsection (4) in relation to the listed organisation; and
(c) the de‑listing application is made on the grounds that there is no basis for the AFP Minister to be satisfied that the listed organisation:
(i) is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act; or
(ii) advocates the doing of a terrorist act;
as the case requires; and
(d) the AFP Minister did not receive an application from any individual or organisation under paragraph (b) of this subsection in relation to the listed organisation during the 12 months ending when the AFP Minister receives the de‑listing application.
(17) The AFP Minister must, as soon as practicable after receiving the de‑listing application, consider whether the listed organisation:
(a) is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act; or
(b) advocates the doing of a terrorist act;
as the case requires.
Note: If the AFP Minister ceases to be satisfied of either of these (as the case requires), the AFP Minister must make a declaration under subsection (4) in relation to the listed organisation.
(18) Subsections (16) and (17) do not limit the matters that may be considered by the AFP Minister for the purposes of subsection (4).
(20) In this section, a reference to the doing of a terrorist act includes:
(a) a reference to the doing of a terrorist act, even if a terrorist act does not occur; and
(b) a reference to the doing of a specific terrorist act; and
(c) a reference to the doing of more than one terrorist act.
102.1AA Including or removing names of prescribed terrorist organisations
(1) This section applies if the AFP Minister is satisfied on reasonable grounds that:
(a) an organisation is specified in regulations made for the purposes of paragraph (b) of the definition of terrorist organisation in subsection 102.1(1); and
(b) the organisation:
(i) is referred to by another name (the alias), in addition to, or instead of, a name used to specify the organisation in the regulations; or
(ii) no longer uses a name (the former name) used in the regulations to specify the organisation.
(2) The AFP Minister may, by legislative instrument, amend the regulations to do either or both of the following:
(a) include the alias in the regulations if the AFP Minister is satisfied as referred to in subparagraph (1)(b)(i);
(b) remove the former name from the regulations if the AFP Minister is satisfied as referred to in subparagraph (1)(b)(ii).
(3) Amendment of regulations under subsection (2) does not prevent the further amendment or repeal of the regulations by regulations made under section 5 of this Act for the purposes of paragraph (b) of the definition of terrorist organisation in subsection 102.1(1).
(4) The AFP Minister may not, by legislative instrument made under this section, amend the regulations to remove entirely an organisation that has been prescribed.
(5) To avoid doubt, this section does not affect the power under section 5 of this Act to make regulations for the purposes of paragraph (b) of the definition of terrorist organisation in subsection 102.1(1).
102.1A Reviews by Parliamentary Joint Committee on Intelligence and Security
(1) This section applies in relation to the following legislative instruments:
(a) a regulation that specifies an organisation for the purposes of paragraph (b) of the definition of terrorist organisation in section 102.1;
(b) an instrument made under section 102.1AA.
(2) The Parliamentary Joint Committee on Intelligence and Security may:
(a) review the legislative instrument at any time; and
(b) report the Committee’s comments and recommendations to each House of the Parliament.
Review of disallowable legislative instrument—extension of disallowance period
(3) If the Committee’s report on a review of a disallowable legislative instrument is tabled in a House of the Parliament under subsection (2):
(a) during the applicable disallowance period for that House; and
(b) on or after the eighth sitting day of the applicable disallowance period;
then Part 2 of Chapter 3 of the Legislation Act 2003 has effect, in relation to that disallowable legislative instrument and that House, as if each period of 15 sitting days referred to in that Part were extended in accordance with the table:
Extension of applicable disallowance period
Item If the Committee’s report is tabled in that House... extend the period of 15 sitting days by...
1 on the fifteenth sitting day of the applicable disallowance period 8 sitting days of that House
2 on the fourteenth sitting day of the applicable disallowance period 7 sitting days of that House
3 on the thirteenth sitting day of the applicable disallowance period 6 sitting days of that House
4 on the twelfth sitting day of the applicable disallowance period 5 sitting days of that House
5 on the eleventh sitting day of the applicable disallowance period 4 sitting days of that House
6 on the tenth sitting day of the applicable disallowance period 3 sitting days of that House
7 on the ninth sitting day of the applicable disallowance period 2 sitting days of that House
8 on the eighth sitting day of the applicable disallowance period 1 sitting day of that House
Applicable disallowance period
(4) The applicable disallowance period for a House of the Parliament means the period of 15 sitting days of that House after the disallowable legislative instrument, or a copy of the disallowable legislative instrument, was laid before that House in accordance with section 38 of the Legislation Act 2003.
Subdivision B—Offences
102.2 Directing the activities of a terrorist organisation
(1) A person commits an offence if:
(a) the person intentionally directs the activities of an organisation; and
(b) the organisation is a terrorist organisation; and
(c) the person knows the organisation is a terrorist organisation.
Penalty: Imprisonment for 25 years.
(2) A person commits an offence if:
(a) the person intentionally directs the activities of an organisation; and
(b) the organisation is a terrorist organisation; and
(c) the person is reckless as to whether the organisation is a terrorist organisation.
Penalty: Imprisonment for 15 years.
102.3 Membership of a terrorist organisation
(1) A person commits an offence if:
(a) the person intentionally is a member of an organisation; and
(b) the organisation is a terrorist organisation; and
(c) the person knows the organisation is a terrorist organisation.
Penalty: Imprisonment for 10 years.
(2) Subsection (1) does not apply if the person proves that he or she took all reasonable steps to cease to be a member of the organisation as soon as practicable after the person knew that the organisation was a terrorist organisation.
Note: A defendant bears a legal burden in relation to the matter in subsection (2) (see section 13.4).
102.4 Recruiting for a terrorist organisation
(1) A person commits an offence if:
(a) the person intentionally recruits a person to join, or participate in the activities of, an organisation; and
(b) the organisation is a terrorist organisation; and
(c) the first‑mentioned person knows the organisation is a terrorist organisation.
Penalty: Imprisonment for 25 years.
(2) A person commits an offence if:
(a) the person intentionally recruits a person to join, or participate in the activities of, an organisation; and
(b) the organisation is a terrorist organisation; and
(c) the first‑mentioned person is reckless as to whether the organisation is a terrorist organisation.
Penalty: Imprisonment for 15 years.
102.5 Training involving a terrorist organisation
(1) A person commits an offence if:
(a) the person does any of the following:
(i) intentionally provides training to an organisation;
(ii) intentionally receives training from an organisation;
(iii) intentionally participates in training with an organisation; and
(b) the organisation is a terrorist organisation; and
(c) the person is reckless as to whether the organisation is a terrorist organisation.
Penalty: Imprisonment for 25 years.
(2) A person commits an offence if:
(a) the person does any of the following:
(i) intentionally provides training to an organisation;
(ii) intentionally receives training from an organisation;
(iii) intentionally participates in training with an organisation; and
(b) the organisation is a terrorist organisation that is covered by paragraph (b) of the definition of terrorist organisation in subsection 102.1(1).
Penalty: Imprisonment for 25 years.
(3) Subject to subsection (4), strict liability applies to paragraph (2)(b).
(4) Subsection (2) does not apply unless the person is reckless as to the circumstance mentioned in paragraph (2)(b).
Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3)).
102.6 Getting funds to, from or for a terrorist organisation
(1) A person commits an offence if:
(a) the person intentionally:
(i) receives funds from, or makes funds available to, an organisation (whether directly or indirectly); or
(ii) collects funds for, or on behalf of, an organisation (whether directly or indirectly); and
(b) the organisation is a terrorist organisation; and
(c) the person knows the organisation is a terrorist organisation.
Penalty: Imprisonment for 25 years.
(2) A person commits an offence if:
(a) the person intentionally:
(i) receives funds from, or makes funds available to, an organisation (whether directly or indirectly); or
(ii) collects funds for, or on behalf of, an organisation (whether directly or indirectly); and
(b) the organisation is a terrorist organisation; and
(c) the person is reckless as to whether the organisation is a terrorist organisation.
Penalty: Imprisonment for 15 years.
(3) Subsections (1) and (2) do not apply to the person’s receipt of funds from the organisation if the person proves that he or she received the funds solely for the purpose of the provision of:
(a) legal representation for a person in proceedings relating to this Division; or
(aa) legal advice or legal representation in connection with the question of whether the organisation is a terrorist organisation; or
(b) assistance to the organisation for it to comply with a law of the Commonwealth or a State or Territory.
Note: A defendant bears a legal burden in relation to the matter in subsection (3) (see section 13.4).
102.7 Providing support to a terrorist organisation
(1) A person commits an offence if:
(a) the person intentionally provides to an organisation support or resources that would help the organisation engage in an activity described in paragraph (a) of the definition of terrorist organisation in this Division; and
(b) the organisation is a terrorist organisation; and
(c) the person knows the organisation is a terrorist organisation.
Penalty: Imprisonment for 25 years.
(2) A person commits an offence if:
(a) the person intentionally provides to an organisation support or resources that would help the organisation engage in an activity described in paragraph (a) of the definition of terrorist organisation in this Division; and
(b) the organisation is a terrorist organisation; and
(c) the person is reckless as to whether the organisation is a terrorist organisation.
Penalty: Imprisonment for 15 years.
102.8 Associating with terrorist organisations
(1) A person commits an offence if:
(a) on 2 or more occasions:
(i) the person intentionally associates with another person who is a member of, or a person who promotes or directs the activities of, an organisation; and
(ii) the person knows that the organisation is a terrorist organisation; and
(iii) the association provides support to the organisation; and
(iv) the person intends that the support assist the organisation to expand or to continue to exist; and
(v) the person knows that the other person is a member of, or a person who promotes or directs the activities of, the organisation; and
(b) the organisation is a terrorist organisation because of paragraph (b) of the definition of terrorist organisation in this Division (whether or not the organisation is a terrorist organisation because of paragraph (a) of that definition also).
Penalty: Imprisonment for 3 years.
(2) A person commits an offence if:
(a) the person has previously been convicted of an offence against subsection (1); and