What the law says
Sections 102.3 of the Commonwealth Criminal Code states:
(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.
(2) Subsection (1) does not apply if the person proves 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
What the police must prove
In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.
1. The accused intentionally is a member of an organisation; and
2. The organisation is a terrorist organisation; and
3. The person knows the organisation is a terrorist organisation.
It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.
The Maximum penalty for the offence of Membership of a Terrorist Organisation is 25 years imprisonment.
Which court will hear the matter
This matter is Commonwealth Offence which means it is dealt with in the Supreme Court.
Possible defences to this offence include but are not limited to
- The accused did not intentionally become a member of an organisation.
- The organisation is not a terrorist organisation
- The accused did not know the organisation was a terrorist organisation.
- Identification i.e. it was not the accused.