Document ID: chunk:federal_register_of_legislation:C2004A01125:clause:1_1:p12
Version: federal_register_of_legislation:C2004A01125
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 12/13)
Character Range: 29909–32836

organisation support or resources that would help the organisation engage in an activity described in paragraph (a) of the definition of terrorist organisation in this Division; 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 to an organisation support or resources that would help the organisation engage in an activity described in paragraph (a) of the definition of terrorist organisation in this Division; 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.

Subdivision C—General provisions relating to offences

102.9  Extended geographical jurisdiction for offences

  Section 15.4 (extended geographical jurisdiction—category D) applies to an offence against this Division.

102.10  Alternative verdicts

 (1) This section applies if, in a prosecution for an offence (the prosecuted offence) against a subsection of a section of this Division, 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 that section.

 (2) 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.

Division 103—Financing terrorism

103.1  Financing terrorism

 (1) A person commits an offence if:
 (a) the person provides or collects funds; and
 (b) the person is reckless as to whether the funds will be used to facilitate or engage in a terrorist act.

Penalty: Imprisonment for life.

Note: Intention is the fault element for the conduct described in paragraph (1)(a). See subsection 5.6(1).

 (2) A person commits an offence under subsection (1) even if the terrorist act does not occur.

 (3) Section 15.4 (extended geographical jurisdiction—category D) applies to an offence against subsection (1).

Division 106—Transitional provisions

106.1  Saving—regulations made for the purposes of the definition of terrorist organisation

 (1) If:
 (a) regulations were made before commencement for the purposes of paragraph (c) of the definition of terrorist organisation in subsection 102.1(1), as in force before commencement; and
 (b) the regulations were in force immediately before commencement;
the regulations have effect, after commencement, as if they had been made for the purposes of paragraph (b) of the definition of terrorist organisation in subsection 102.1(1), as in force after commencement.

 (2) In this section, commencement means the commencement of this section.