Document ID: chunk:federal_register_of_legislation:C2004A01125:clause:1_1:p10
Version: federal_register_of_legislation:C2004A01125
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 10/13)
Character Range: 24620–27488

specifying an organisation for the purposes of paragraph (b) of the definition of terrorist organisation in this section ceases to have effect when:
 (a) the decision mentioned in paragraph (2)(a) ceases to have effect; or
 (b) the organisation ceases to be identified as described in paragraph (2)(b).
The regulation does not revive even if the organisation is again identified as described in paragraph (2)(b).

 (5) To avoid doubt, subsection (4) 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.

 (6) For the purpose of making regulations specifying an organisation for the purposes of paragraph (b) of the definition of terrorist organisation in this section, it does not matter whether the relevant decision of the Security Council of the United Nations was made before or after 6 July 2002.

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 (b) 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); 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 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)