Document ID: chunk:federal_register_of_legislation:C2004C01314:clause:1_4:p6
Version: federal_register_of_legislation:C2004C01314
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 6/6)
Character Range: 33847–35925

of:
 (a) legal representation for a person in proceedings relating to this Division; or
 (b) assistance to the organisation 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).

102.7  Providing support to a terrorist organisation

 (1) A person commits an offence if:
 (a) the person intentionally provides to an organisation support or resources that would help the organisation engage in an activity described in paragraph (a) of the definition of terrorist organisation in this Division; and
 (b) the organisation is a terrorist organisation; and
 (c) the person knows the organisation is a terrorist organisation.

Penalty: Imprisonment for 25 years.

 (2) A person commits an offence if:
 (a) the person intentionally provides to an organisation support or resources that would help the organisation engage in an activity described in paragraph (a) of the definition of terrorist organisation in this Division; and
 (b) the organisation is a terrorist organisation; and
 (c) the person is reckless as to whether the organisation is a terrorist organisation.

Penalty: Imprisonment for 15 years.

Subdivision C—General provisions relating to offences

102.9  Extended geographical jurisdiction for offences

  Section 15.4 (extended geographical jurisdiction—category D) applies to an offence against this Division.

102.10  Alternative verdicts

 (1) This section applies if, in a prosecution for an offence (the prosecuted offence) against a subsection of a section of this Division, the trier of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an offence (the alternative offence) against another subsection of that section.

 (2) The trier of fact may find the defendant not guilty of the prosecuted offence but guilty of the alternative offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.