Document ID: chunk:federal_register_of_legislation:C2004C01314:clause:1_4:p4
Version: federal_register_of_legislation:C2004C01314
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 4/6)
Character Range: 28548–31380

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 section cease to have effect on the second anniversary of the day on which they take effect. To avoid doubt, this subsection does not prevent:
 (a) the repeal of those regulations; or
 (b) the cessation of effect of those regulations under subsection (6); or
 (c) the making of new regulations the same in substance as those regulations (whether the new regulations are made or take effect before or after those regulations cease to have effect because of this subsection).

 (6) A regulation specifying an organisation for the purposes of paragraph (c) of the definition of terrorist organisation in this section ceases to have effect when:
 (a) the decision mentioned in paragraph (3)(b) ceases to have effect; or
 (b) the organisation ceases to be identified as described in paragraph (3)(b).
The regulation does not revive even if the organisation is again identified as described in paragraph (3)(b).

 (7) To avoid doubt, subsection (6) does not prevent:
 (a) the repeal of a regulation; or
 (b) the making of a regulation that is the same in substance as a regulation that has ceased to have effect because of that subsection.

Subdivision B—Offences

102.2  Directing the activities of a terrorist organisation

 (1) A person commits an offence if:
 (a) the person intentionally directs the activities of 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 directs the activities of 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.

102.3  Membership of a terrorist organisation

 (1) A person commits an offence if:
 (a) the person intentionally is a member of an organisation; and
 (b) the organisation is a terrorist organisation because of paragraph (c) of the definition of terrorist organisation in this Division (whether or not the organisation is a terrorist organisation because of another paragraph of that definition also); and
 (c) the person knows the organisation is a terrorist organisation.

Penalty: Imprisonment for 10 years.

 (2) Subsection (1) does not apply if the person proves 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