Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.3 - Terrorism  

Division 102 - Terrorist organisations  

Subdivision B - Offences  

SECTION 102.3   Membership of a terrorist organisation  

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(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

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(c) the person knows the organisation is a terrorist organisation.

Penalty: Imprisonment for 10 years.

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History

S 102.3(1) amended by No 104 of 2004, s 3 and Sch 1 item 19, by substituting para (b), effective 30 June 2004. Para (b) formerly read:

(b) the organisation is a terrorist organisation because of paragraph (b), (c), (d) or (e) 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); and

S 102.3(1) amended by No 109 of 2003, s 3 and Sch 1 item 12, effective 2 November 2003.

(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 ).

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