(c) the document is connected with preparation for, the engagement of an entity in, or assistance in more than one terrorist act.
Exception
(5) Subsections (1) and (2) do not apply if the collection or making of the document was not intended to facilitate preparation for, the engagement of an entity in, or assistance in a terrorist act.
Note: A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3)).
111.10 Other acts done in preparation for, or planning, terrorist acts
(1) A person commits an offence if:
(a) the person does any act in preparation for, or planning, a terrorist act; and
(b) either:
(i) the person is an Australian citizen or Australian permanent resident; or
(ii) the terrorist act is targeted at Australia; and
(c) the person is:
(i) a state sponsor of terrorism; or
(ii) a member of a state sponsor of terrorism.
Penalty: Imprisonment for life.
(2) Strict liability applies to paragraph (1)(c).
(3) 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.
Division 112—Dealings with state sponsor of terrorism
112.1 Directing the activities of a state sponsor of terrorism
(1) A person commits an offence if:
(a) the person intentionally directs the activities of an entity; and
(b) the entity is a state sponsor of terrorism; and
(c) the person knows the entity is a state sponsor of terrorism; and
(d) if the person is a foreign state entity or a member of a foreign state entity—that foreign state entity is also a state sponsor of terrorism.
Note: For defences, see section 112.8.
Penalty: Imprisonment for 25 years.
(2) A person commits an offence if:
(a) the person intentionally directs the activities of an entity; and
(b) the entity is a state sponsor of terrorism; and
(c) the person is reckless as to whether the entity is a state sponsor of terrorism; and
(d) if the person is a foreign state entity or a member of a foreign state entity—that foreign state entity is also a state sponsor of terrorism.
(3) Strict liability applies to paragraphs (1)(d) and (2)(d).
112.2 Membership of a state sponsor of terrorism
(1) A person commits an offence if:
(a) the person intentionally is a member of a foreign state entity; and
(b) the entity is a state sponsor of terrorism; and
(c) the person knows the entity is a state sponsor of terrorism.
Note: For defences, see subsection (2) and section 112.8.
Penalty: Imprisonment for 10 years.
Exception
(2) Subsection (1) does not apply if the person proves that the person took all reasonable steps to cease to be a member of the entity as soon as practicable after the person knew that the entity was a state sponsor of terrorism.
Note: A defendant bears a legal burden in relation to the matter in subsection (2) (see section 13.4).
112.3 Recruiting for a state sponsor of terrorism
(1) A person commits an offence if:
(a) the person intentionally recruits a person to join, or participate in the activities of, an entity; and
(b) the entity is a state sponsor of terrorism; and
(c) the first‑mentioned person knows the entity is a state sponsor of terrorism; and
(d) if the first‑mentioned person is a foreign state entity or a member of a foreign state entity—that foreign state entity is also a state sponsor of terrorism.
Note: For defences, see section 112.8.
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 entity; and
(b) the entity is a state sponsor of terrorism; and
(c) the first‑mentioned person is reckless as to whether the entity is a state sponsor of terrorism; and
(d) if the first‑mentioned person is a foreign state entity or a member of a foreign state entity—that foreign state entity is also a state sponsor of terrorism.
Note: For defences, see section 112.8.
Penalty: Imprisonment for 15 years.
(3) Strict liability applies to paragraphs (1)(d) and (2)(d).
112.4 Training involving a state sponsor of terrorism
(1) A person commits an offence if:
(a) the person does any of the following:
(i) intentionally provides training to an entity;
(ii) intentionally receives training from an entity;
(iii) intentionally participates in training with an entity; and
(b) the entity is a state sponsor of terrorism; and
(c) if the person is a foreign state entity or a member of a foreign state entity—that foreign state entity is also a state sponsor of terrorism.
Note: For defences, see subsection (4) and section 112.8.
Penalty: Imprisonment for 25 years.
(2) Subject to subsection (4), strict liability applies to paragraph (1)(b).
(3) Strict liability applies to paragraph (1)(c).
Exception
(4) Subsection (1) does not apply unless the person is reckless as to the circumstance mentioned in paragraph (1)(b).
Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3)).
112.5 Getting funds to, from or for a state sponsor of terrorism
(1) A person commits an offence if:
(a) the person intentionally:
(i) receives funds from, or makes funds available to, an entity (whether directly or indirectly); or
(ii) collects funds for, or on behalf of, an entity (whether directly or indirectly); and
(b) the entity is a state sponsor of terrorism; and
(c) the person knows the entity is a state sponsor of terrorism; and
(d) if the person is a foreign state entity or a member of a foreign state entity—that foreign state entity is also a state sponsor of terrorism.
Note: For defences, see subsection (4) and section 112.8.
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 entity (whether directly or indirectly); or
(ii) collects funds for, or on behalf of, an entity (whether directly or indirectly); and
(b) the entity is a state sponsor of terrorism; and
(c) the person is reckless as to whether the entity is a state sponsor of terrorism; and
(d) if the person is a foreign state entity or a member of a foreign state entity—that foreign state entity is also a state sponsor of terrorism.
Note: For defences, see subsection (4) and section 112.8.
Penalty: Imprisonment for 15 years.
(3) Strict liability applies to paragraphs (1)(d) and (2)(d).
Exception
(4) Subsections (1) and (2) do not apply to the person’s receipt of funds from the entity if the person proves that the person received the funds solely for the purpose of the provision of:
(a) legal representation for a person in proceedings relating to this Division; or
(b) legal advice or legal representation in connection with the question of whether the entity is a state sponsor of terrorism; or
(c) assistance to the entity 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 (4) (see section 13.4).
112.6 Providing support to a state sponsor of terrorism
(1) A person commits an offence if:
(a) the person intentionally provides to an entity support or resources that would help the entity to directly or indirectly engage in, prepare, plan, assist in or foster the doing of a state terrorist act; and
(b) the entity is a state sponsor of terrorism; and
(c) the person knows the entity is a state sponsor of terrorism; and
(d) if the person is a foreign state entity or a member of a foreign state entity—that foreign state entity is also a state sponsor of terrorism.
Note: For defences, see section 112.8.
Penalty: Imprisonment for 25 years.
(2) A person commits an offence if:
(a) the person intentionally provides to an entity support or resources that would help the entity to directly or indirectly engage in, prepare, plan, assist in or foster the doing of a state terrorist act; and
(b) the entity is a state sponsor of terrorism; and
(c) the person is reckless as to whether the entity is a state sponsor of terrorism; and
(d) if the person is a foreign state entity or a member of a foreign state entity—that foreign state entity is also a state sponsor of terrorism.
Note: For defences, see section 112.8.
Penalty: Imprisonment for 15 years.
(3) Strict liability applies to paragraphs (1)(d) and (2)(d).
(4) In this section, a reference to the doing of a state terrorist act includes:
(a) a reference to the doing of a state terrorist act, even if a state terrorist act does not occur; and
(b) a reference to the doing of a specific state terrorist act; and
(c) a reference to the doing of more than one state terrorist act.
112.7 Associating with state sponsor of terrorism
(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 entity; and
(ii) the association provides support to the entity; and
(iii) the person intends that the support assist the entity to expand or to continue to exist; and
(iv) the person knows that the other person is a member of, or a person who promotes or directs the activities of, the entity; and
(b) the entity is a state sponsor of terrorism.
Note: For defences, see subsections (4), (5) and (6) and section 112.8.
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
(b) the person intentionally associates with another person who is a member of, or a person who promotes or directs the activities of, a foreign state entity; and
(c) the association provides support to the entity; and
(d) the person intends that the support assist the entity to expand or to continue to exist; and
(e) the person knows that the other person is a member of, or a person who promotes or directs the activities of, the entity; and
(f) the entity is a state sponsor of terrorism.
Note: For defences, see subsections (4) to (6) and section 112.8.
Penalty: Imprisonment for 3 years.
(3) Strict liability applies to paragraphs (1)(b) and (2)(f).
Exceptions
(4) This section does not apply unless the person is reckless as to the circumstance mentioned in paragraph (1)(b) and (2)(f) (as the case requires).
Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3)).
(5) This section does not apply if:
(a) the association is with a close family member and relates only to a matter that could reasonably be regarded (taking into account the person’s cultural background) as a matter of family or domestic concern; or
(b) the association is in a place being used for public religious worship and takes place in the course of practising a religion; or
(c) the association is only for the purpose of providing aid of a humanitarian nature; or
(d) the association is only for the purpose of providing legal advice or legal representation in connection with:
(i) criminal proceedings or proceedings related to criminal proceedings (including possible criminal proceedings in the future); or
(ii) the question of whether the entity is a state sponsor of terrorism; or
(iii) a decision made or proposed to be made under Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979, or proceedings relating to such a decision or proposed decision; or
(iv) proceedings for a review of a decision relating to a passport or other travel document or to a failure to issue such a passport or other travel document (including a passport or other travel document that was, or would have been, issued by or on behalf of the government of a foreign country); or
(v) a listing, or proposed listing, of a person, entity, asset or class of asset under section 15 of the Charter of the United Nations Act 1945; or
(vi) the application of a regulation made for the purposes of section 10 of the Autonomous Sanctions Act 2011.
Note: A defendant bears an evidential burden in relation to the matters in subsection (5) (see subsection 13.3(3)).
(6) This section does not apply to the extent (if any) that it would infringe any constitutional doctrine of implied freedom of political communication.
Note: A defendant bears an evidential burden in relation to the matter in subsection (6) (see subsection 13.3(3)).
Limit on punishment for further offences
(7) A person who is convicted of an offence under subsection (1) in relation to the person’s conduct on 2 or more occasions is not liable to be punished for an offence under subsection (1) for other conduct of the person that takes place:
(a) at the same time as that conduct; or
(b) within 7 days before or after any of those occasions.
112.8 General defences
(1) It is not an offence against this Division to do any of the following:
(a) do a thing that an individual must do in order to comply with:
(i) an order of a court or other body exercising judicial power; or
(ii) a requirement, of a kind specified in subsection (2), under a law of a foreign country that is the country to which a state sponsor of terrorism belongs, or a law of a part of such a country;
(b) do a thing in accordance with an arrangement or agreement to which the Commonwealth is a party;
(c) perform an official duty or function for the Commonwealth, a State or a Territory;
(d) perform an official duty or function for the government of a foreign country or the government of part of a foreign country, if:
(i) the foreign country is not the country to which a state sponsor of terrorism belongs; and
(ii) that performance would not contravene any law of the Commonwealth, a State or a Territory if the performance occurred in Australia;
(e) perform an official duty or function for:
(i) the United Nations or an agency of the United Nations; or
(ii) the International Committee of the Red Cross;
(f) receive or obtain a service, or a payment of social security (however described), to which subsection (3) applies, or engage with a state sponsor of terrorism in relation to such a service or payment.
Note 1: A defendant bears an evidential burden in relation to the matters in subsection (1) (see subsection 13.3(3)).
Note 2: For paragraph (d), an example of performing an official duty or function for the government of a foreign country is serving in the armed forces of a foreign country.
Note 3: For paragraph (f), an example of engaging, in relation to a service, is making a complaint about the service.
(2) For the purposes of subparagraph (1)(a)(ii), the following kinds of requirement are specified:
(a) a requirement to pay a tax, fee, fine or levy (however described);
(b) a requirement prescribed by the regulations for the purposes of this paragraph.
(3) For the purposes of paragraph (1)(f), this subsection applies to a service or a payment if the service or payment:
(a) is provided by a state sponsor of terrorism; and
(b) does not relate to support or facilitation of a state terrorist act; and
(c) could not reasonably be obtained from another person or body.
Division 113—Financing state terrorist act targeted at Australia
113.1 Financing state terrorist act targeted at Australia
(1) A person commits an offence if:
(a) the person provides or collects funds; and
(b) the person is reckless as to whether the funds will be used to facilitate or engage in a state terrorist act targeted at Australia; and
(c) if the person is a foreign state entity or a member of a foreign state entity—the entity is a state sponsor of terrorism.
Note: Intention is the fault element for the conduct described in paragraph (1)(a) (see subsection 5.6(1)).
Penalty: Imprisonment for life.
(2) A person commits an offence under subsection (1) even if:
(a) a state terrorist act targeted at Australia does not occur; or
(b) the funds will not be used to facilitate or engage in a specific state terrorist act targeted at Australia; or
(c) the funds will be used to facilitate or engage in more than one terrorist act.
(3) Strict liability applies to paragraph (1)(c).
113.2 Financing person involved in state terrorist act targeted at Australia
(1) A person commits an offence if:
(a) the person intentionally:
(i) makes funds available to another person (whether directly or indirectly); or
(ii) collects funds for, or on behalf of, another person (whether directly or indirectly); and
(b) the first‑mentioned person is reckless as to whether the other person will use the funds to facilitate or engage in a state terrorist act targeted at Australia; and
(c) if the first‑mentioned person is a foreign state entity or a member of a foreign state entity—the entity is a state sponsor of terrorism.
Penalty: Imprisonment for life.
(2) A person commits an offence under subsection (1) even if:
(a) a state terrorist act targeted at Australia does not occur; or
(b) the funds will not be used to facilitate or engage in a specific state terrorist act targeted at Australia; or
(c) the funds will be used to facilitate or engage in more than one terrorist act.
(3) Strict liability applies to paragraph (1)(c).
113.3 General defences
(1) It is not an offence against this Division to do any of the following:
(a) do a thing that an individual must do in order to comply with:
(i) an order of a court or other body exercising judicial power; or
(ii) a requirement, of a kind specified in subsection (2), under a law of a foreign country that is the country to which a state sponsor of terrorism belongs, or a law of a part of such a country;