Document ID: chunk:federal_register_of_legislation:C2004C01314:clause:1_4:p5
Version: federal_register_of_legislation:C2004C01314
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 5/6)
Character Range: 31156–34076

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).

102.4  Recruiting for a terrorist organisation

 (1) A person commits an offence if:
 (a) the person intentionally recruits a person to join, or participate in the activities of, an organisation; and
 (b) the organisation is a terrorist organisation; and
 (c) the first‑mentioned person knows the organisation is a terrorist organisation.

Penalty: Imprisonment for 25 years.

 (2) A person commits an offence if:
 (a) the person intentionally recruits a person to join, or participate in the activities of, an organisation; and
 (b) the organisation is a terrorist organisation; and
 (c) the first‑mentioned person is reckless as to whether the organisation is a terrorist organisation.

Penalty: Imprisonment for 15 years.

102.5  Training a terrorist organisation or receiving training from a terrorist organisation

 (1) A person commits an offence if:
 (a) the person intentionally provides training to, or intentionally receives training from, an organisation; 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 training to, or intentionally receives training from, an organisation; 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.

102.6  Getting funds to or from a terrorist organisation

 (1) A person commits an offence if:
 (a) the person intentionally receives funds from, or makes funds available to, an organisation (whether directly or indirectly); 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 receives funds from, or makes funds available to, an organisation (whether directly or indirectly); 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.

 (4) Subsections (1) and (2) do not apply to the person's receipt of funds from the organisation if the person proves that he or she received the funds solely for the purpose of the provision 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