Written by
Peter Maley
Director - Criminal Lawyer
Law Information - Commonwealth Offences - Federal
Membership Of A Terrorist Organisation
Date: 09/01/2009
The Law -
Sections 102.3 of the Commonwealth Criminal Code states:
(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; and
(c) The person knows the organisation is a terrorist organisation.
(2) Subsection (1) does not apply if the person proves 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
Maximum Penalty - Membership Of A Terrorist Organisation
The Maximum penalty for the offence of Membership of a Terrorist Organisation is 25 years imprisonment.
What the prosecution must prove - Membership 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.
1. The accused intentionally is a member of an organisation; and
2. The organisation is a terrorist organisation; and
3. The person knows 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 - Membership Of A Terrorist Organisation
Possible defences to this offence include but are not limited to
1. The accused did not intentionally become a member of an 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.
The Court process - Membership 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 Membership of a Terrorist Organisation matters)