Written by
Peter Maley
Director - Criminal Lawyer
Law Information - Commonwealth Offences - Federal
Directing The Activities Of A Terrorist Organisation
Date: 09/01/2009
The Law -
Sections 102.2 of the Commonwealth Criminal Code states:
(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.
(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.
Maximum Penalty - Directing The Activities Of A Terrorist Organisation
The Maximum penalty for the offence of Directing the Activities of a Terrorist Organisation is
Section (1) 25 years imprisonment
Section (2) 15 years imprisonment
What the prosecution must prove - Directing The Activities Of A Terrorist Organisation
In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.
Section(1)
1. The accused intentionally directed the activities of an organisation; and
2. The organisation is a terrorist organisation; and
3. The person knows the organisation is a terrorist organisation.
Section (2)
1. The person intentionally directed the activities of an organisation; and
2. The organisation is a terrorist organisation; and
3. The person was reckless as to whether the organisation is a terrorist organisation.
It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.
Possible Defences - Directing The Activities Of A Terrorist Organisation
Possible defences to this offence include but are not limited to
1. The accused did not intentionally direct the activities of the organisation.
2. The organisation is not a terrorist organisation
3. The accused did not know the organisation was a terrorist organisation.
4. Identification i.e. it was not the accused.
5. In the case of Section (2)(c) the accused was not reckless as to whether the organisation was a terrorist organisation.
The Court process - Directing The Activities Of A Terrorist Organisation
This matter is Commonwealth Offence which means it is dealt with in the Supreme Court.
Criminal Law Article written by Bill Potts (a Queensland criminal defence lawyer who has knowledge in the Commonwealth Charge of Directing the Activities of a Terrorist Organisation matters)