Document ID: chunk:federal_register_of_legislation:C2004C01314:clause:1_4:p3
Version: federal_register_of_legislation:C2004C01314
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 3/6)
Character Range: 25947–28793

offence) against a subsection of this section, 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 this section, 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.

101.6  Other acts done in preparation for, or planning, terrorist acts

 (1) A person commits an offence if the person does any act in preparation for, or planning, a terrorist act.

Penalty: Imprisonment for life.

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

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

Division 102—Terrorist organisations

Subdivision A—Definitions

102.1  Definitions

 (1) In this Division:

member of an organisation includes:
 (a) a person who is an informal member of the organisation; and
 (b) a person who has taken steps to become a member of the organisation; and
 (c) in the case of an organisation that is a body corporate—a director or an officer of the body corporate.

recruit includes induce, incite and encourage.

terrorist organisation means:
 (a) an organisation that is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act (whether or not the terrorist act occurs); or
 (c) an organisation that is specified by the regulations for the purposes of this paragraph (see subsections (3), (4), (5) and (6)).

 (3) Before the Governor‑General makes a regulation specifying an organisation for the purposes of paragraph (c) of the definition of terrorist organisation in this section, the Minister must be satisfied on reasonable grounds that:
 (a) the Security Council of the United Nations has made a decision relating wholly or partly to terrorism; and
 (b) the organisation is identified in the decision, or using a mechanism established under the decision, as an organisation to which the decision relates; and
 (c) the organisation is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act (whether or not the terrorist act has occurred or will occur).

 (4) Regulations for the purposes of paragraph (c) of the definition of terrorist organisation in this section may not take effect earlier than the day after the last day on which they may be disallowed under section 48 of the Acts Interpretation Act 1901. That section has effect subject to this subsection.

 (5) Regulations for the purposes of paragraph (c) of the definition of terrorist organisation in this