Terrorism Offences

Following the terrorist attacks in the US in 2001, Australia introduced terrorism-specific laws to the Commonwealth Criminal Code Act 1995. The laws cover aspects of terrorism including planning an attack, financing and recruitment. This article provides a general summary of the laws.

Terrorist acts

The Criminal Code defines a terrorist act as an action or threat of action done with an intention to:

• advance a political, religious or ideological cause; or
• coerce or influence by intimidation a state, commonwealth or foreign government; or
• intimidate the public or a section of the public.

If a person engages in, prepares for, or plans a terrorist act, they face imprisonment for life. This applies even if a terrorist attack does not occur.

Training

If a person provides or receives training connected with preparing for, engaging a person in, or helping a terrorist act, and they know of the connection, they are liable to 25 years in prison. If they are reckless about a connection, they are liable to 15 years in prison.

Possessing things

If a person possesses a thing connected with preparing for, engaging a person in, or helping a terrorist act, and they know of the connection, they are liable to 15 years in prison. If they are reckless about a connection, they are liable to 10 years in prison.

Collecting or making documents

If a person collects or makes documents connected with preparing for, engaging a person in, or helping a terrorist act, and they know of the connection, they are liable to 15 years in prison. If they are reckless about a connection, they are liable to 10 years in prison.

Terrorist organisations

The Criminal Code defines a terrorist organisation as an organisation directly or indirectly engaged in preparing, planning, helping or fostering the doing of a terrorist act.

A person faces 25 years in prison if they direct the activities of a terrorist organisation, knowing it is one. If they are reckless about whether it is one, they face 15 years in prison.

Membership of a terrorist organisation carries a 10-year prison term. Recruiting for one carries a 25-year prison term, if the person knowns it is one, or a 10-year term if they are reckless about whether it is one.

If a person provides, receives or takes part in training with a terrorist organisation, and the person is reckless about whether it is one, they face a 25-year jail term.

If a person intentionally provides or receives or collects funds for a terrorist  organisation, they face 25 years in prison. The same penalty applies to a person who provides support or resources to a terrorist organisation to help it carry out a terrorist attack.

If a person intentionally associates with someone from a terrorist organisation, and knows they are from a terrorist organisation, and the person does this on 2 or more occasions, the person faces 3 years in prison. This does not apply if the association is with a close family member; is made for religious or humanitarian reasons; or is made for the purpose of providing legal advice.

Financing terrorism

If a person provides or collects funds for a terrorist act, and they are reckless about whether the funds will be used for that purpose, they face imprisonment for life. This applies even if a terrorist attack does not occur.

Advocating terrorism

A person who advocates the doing of a terrorist act or the commission of a terrorism offence, and is reckless about whether another person will do those things, is liable to imprisonment for 5 years. “Advocates” means to counsel, promote, encourage or urge.

Control orders

The Criminal Code allows a court to impose a control order on a person to:

• protect the public from a terrorist attack;
• prevent support for or the facilitation of a terrorist act;
• prevent support for or the facilitation of engagement in a hostile activity in a foreign country.

A control order can be requested by the Australian Federal Police if the agency suspects on reasonable grounds a person has committed a terrorism offence.  The order can contain conditions such as:

• a prohibition or restriction on the person being in specified areas or places;
• a prohibition or restriction on the person leaving Australia;
• a prohibition or restriction on the person communicating or associating with specified people;
• a prohibition or restriction on the person carrying out specified activities;
• a requirement the person wear a tracking device;
• a requirement the person allow their fingerprints and photo to be taken;
• a requirement the person take part in specified counselling or education.

If a person subject to a control order breaches the order, the maximum penalty is imprisonment for 5 years.

Preventative detention orders

The Criminal Code allows for a person to be taken into custody and detained to prevent a terrorist act that is capable of being carried out within the next 14 days, or to preserve evidence of a terrorist act carried out in the past 28 days. The order can be extended only by a judge or other experienced lawyer.

A preventative detention order can be granted if the Australian Federal Police or issuing authority suspects on reasonable grounds the subject:

• will engage in a terrorist act; or
• possesses a thing connected to a terrorism act; or
• has done an act to prepare or plan a terrorist act.

Continuing detention orders

The Criminal Code allows a court to impose a continuing detention order on a person who has served a sentence for a terrorist offence. The order allows the offender to be detained for up to a further 3 years when their sentence ends, on the grounds the offender is an unacceptable risk to the community.

For advice or representation in any legal matter, please contact Armstrong Legal.