Document ID: chunk:federal_register_of_legislation:C2004A01359:clause:3_3:p1
Version: federal_register_of_legislation:C2004A01359
Segment Type: clause
Provision Reference: sch 3 cl 3 (pt 1/2)
Character Range: 3175–5947

3  At the end of Subdivision B of Division 102 of the Criminal Code
Add:

102.8  Associating with terrorist organisations

 (1) A person commits an offence if:
 (a) on 2 or more occasions:
 (i) the person intentionally associates with another person who is a member of, or a person who promotes or directs the activities of, an organisation; and
 (ii) the person knows that the organisation is a terrorist organisation; and
 (iii) the association provides support to the organisation; and
 (iv) the person intends that the support assist the organisation to expand or to continue to exist; and
 (v) the person knows that the other person is a member of, or a person who promotes or directs the activities of, the organisation; and
 (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).

Penalty: Imprisonment for 3 years.

 (2) A person commits an offence if:
 (a) the person has previously been convicted of an offence against subsection (1); and
 (b) the person intentionally associates with another person who is a member of, or a person who promotes or directs the activities of, an organisation; and
 (c) the person knows that the organisation is a terrorist organisation; and
 (d) the association provides support to the organisation; and
 (e) the person intends that the support assist the organisation to expand or to continue to exist; and
 (f) the person knows that the other person is a member of, or a person who promotes or directs the activities of, the organisation; and
 (g) 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).

Penalty: Imprisonment for 3 years.

 (3) Strict liability applies to paragraphs (1)(b) and (2)(g).

 (4) This section does not apply if:
 (a) the association is with a close family member and relates only to a matter that could reasonably be regarded (taking into account the person's cultural background) as a matter of family or domestic concern; or
 (b) the association is in a place being used for public religious worship and takes place in the course of practising a religion; or
 (c) the association is only for the purpose of providing aid of a humanitarian nature; or
 (d) the association is only for the purpose of providing legal advice or legal representation in connection with:
 (i) criminal proceedings or proceedings related to criminal proceedings (including possible criminal proceedings in