Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.3 - Terrorism  

Division 103 - Financing terrorism  

SECTION 103.1   Financing terrorism  

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(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 terrorist act.

Penalty: Imprisonment for life.

Note:

Intention is the fault element for the conduct described in paragraph (1)(a) . See subsection 5.6(1) .

(2)    
A person commits an offence under subsection (1) even if:

(a) a terrorist act does not occur; or

(b) the funds will not be used to facilitate or engage in a specific terrorist act; or

(c) the funds will be used to facilitate or engage in more than one terrorist act.

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History

S 103.1(2) substituted by No 127 of 2005, s 3 and Sch 1 item 5, effective 4 November 2005. No 127 of 2005, s 4, contains the following review provision:

4 Review of anti-terrorism laws  
(1)
The Council of Australian Governments agreed on 27 September 2005 that the Council would, after 5 years, review the operation of the amendments made by Schedule 1.

(2)
If a copy of the report in relation to the review is given to the Attorney-General, the Attorney-General must cause a copy of the report to be laid before each House of Parliament within 15 sitting days after the Attorney-General receives the copy of the report.

S 103.1(2) formerly read:

(2)
A person commits an offence under subsection (1) even if the terrorist act does not occur.

(3)    
(Repealed by No 144 of 2005)

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History

S 103.1(3) repealed by No 144 of 2005, s 3 and Sch 3 item 2, effective 15 December 2005. For review provisions, see note under definition of " advocate " in s 102.1. S 103.1(3) formerly read:

(3)
Section 15.4 (extended geographical jurisdiction - category D) applies to an offence against subsection (1) .

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