Law Information - Commonwealth Offences - Federal
Getting Funds To, From Or For A Terrorist Organisation
Date: 01/09/2009
The Law -
Sections 102.6 of the Commonwealth Criminal Code states:
(1) A person commits an offence if
(a) The person intentionally:
(i) Receives funds from, or makes funds available to, an organisation (whether directly or indirectly); or
(ii) Collects funds for, or on behalf of, an organisation (whether directly or indirectly ); 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:
(i) Receives funds from, or makes funds available to, an organisation (whether directly or indirectly); or
(ii) Collects funds for, or on behalf of, an organisation (whether directly or indirectly ); and
(b) The organisation is a terrorist organisation; and
(c) The person is reckless as to whether the organisation is a terrorist organisation.
(3) Subsections (1) and (2) do not apply to the person's receipt of funds from the organisation if the person proves that he or she received the funds solely for the purpose of the provision of:
(a) Legal representation for a person in proceedings relating to this Division; or
(b) Assistance to the organisation for it to comply with the law of the Commonwealth or State or territory.
Maximum Penalty - Getting Funds To, From Or For A Terrorist Organisation
The Maximum penalty for the offence of Getting Funds to, from or for a Terrorist Organisation is
Section (1) 25 years imprisonment.
Section (2) 15 years imprisonment
What the prosecution must prove - Getting Funds To, From Or For 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:
(a) received funds from, or made funds available to, an organisation (whether directly or indirectly); or
(b) Collected funds for, or on behalf of, an organisation (whether directly or indirectly ); and
(c) The organisation is a terrorist organisation; and
(a) The person knew the organisation is a terrorist organisation.
Section (2)
1. The accused intentionally:
(a) Received funds from, or made funds available to, an organisation (whether directly or indirectly); or
(b) Collected funds for, or on behalf of, an organisation (whether directly or indirectly ); and
(c) The organisation is a terrorist organisation; and
(d) The person is 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 - Getting Funds To, From Or For A Terrorist Organisation
Possible defences to this offence include but are not limited to
Section (1)
1. The accused did not intentionally:
(a) receive funds from, or make funds available to, an organisation (whether directly or indirectly); or
(b) Collect funds for, or on behalf of, an organisation (whether directly or indirectly ); and
(c) The organisation is not a terrorist organisation; and
(d) The person did not know the organisation is a terrorist organisation.
Section (2)
1. The accused did not intentionally:
(a) Receive funds from, or make funds available to, an organisation (whether directly or indirectly); or
(b) Collect funds for, or on behalf of, an organisation (whether directly or indirectly ); and
(c) The organisation is not a terrorist organisation; and
(d) The person was not reckless as to whether the organisation is a terrorist organisation.
The Court process - Getting Funds To, From Or For 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 Getting Funds to, from or for a Terrorist Organisation matters)
