Document ID: chunk:federal_register_of_legislation:C2004A01339:clause:1_20
Version: federal_register_of_legislation:C2004A01339
Segment Type: clause
Provision Reference: sch 1 cl 20
Character Range: 24999–26201

20  Section 102.5 of the Criminal Code
Repeal the section, substitute:

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 is reckless as to whether 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 that is covered by paragraph (b), (c), (d) or (e) of the definition of terrorist organisation in subsection 102.1(1).

Penalty: Imprisonment for 25 years.

 (3) Subject to subsection (4), strict liability applies to paragraph (2)(b).

 (4) Subsection (2) does not apply unless the person is reckless as to the circumstance mentioned in paragraph (2)(b).

Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3)).

Proceeds of Crime Act 2002