Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p12
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 12/16)
Character Range: 362816–365475

defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3)).
 (6) If, in a prosecution for an offence (the prosecuted 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:
 (a) a terrorist act does not occur; or
 (b) the person's act is not done in preparation for, or planning, a specific terrorist act; or
 (c) the person's act is done in preparation for, or planning, more than one terrorist act.
 (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:
advocate has the meaning given by subsection (1A).
associate: a person associates with another person if the person meets or communicates with the other person.
close family member of a person (the first person) means:
 (a) the first person's spouse or de facto partner; or
 (b) a parent, step‑parent or grandparent of the first person; or
 (c) any other person who would be a parent, step‑parent or grandparent of the first person if the first person were a child (within the meaning of Part VII of the Family Law Act 1975) of the other person or a third person; or
 (d) a child, step‑child or grandchild of the first person; or
 (e) any other person who would be a step‑child or grandchild of the first person if the other person were a child (within the meaning of Part VII of the Family Law Act 1975) of a third person; or
 (f) a brother, sister, step‑brother or step‑sister of the first person; or
 (g) any other person who would be a brother, sister, step‑brother or step‑sister of the first person if the other person were a child (within the meaning of Part VII of the Family Law Act 1975) of a third person; or
 (h) a guardian or carer of the first person.
member of an organisation includes:
 (a) a person who is an informal member of the organisation; and
 (b)