Criminal Code Act. Australia
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Название: Criminal Code Act

Автор: Australia

Издательство: Проспект

Жанр: Юриспруденция, право

Серия:

isbn: 9785392081615

isbn:

СКАЧАТЬ possesses a thing; and

      (b) the thing is connected with preparation for, the engagement of a person in, or assistance in a terrorist act; and

      (c) the person mentioned in paragraph (a) is reckless as to the existence of the connection described in paragraph (b).

      Penalty: Imprisonment for 10 years.

      (3) A person commits an offence under subsection (1) or (2) even if:

      (a) a terrorist act does not occur; or

      (b) the thing is not connected with preparation for, the engagement of a person in, or assistance in a specific terrorist act; or

      (c) the thing is connected with preparation for, the engagement of a person in, or assistance in more than one terrorist act.

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

      (5) Subsections (1) and (2) do not apply if the possession of the thing was not intended to facilitate preparation for, the engagement of a person in, or assistance in a terrorist act.

      Note: A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3)).

      (6) If, in a prosecution for an offence (the prosecuted offence) against a subsection of this section, 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 this section, 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.

      101.5 Collecting or making documents likely to facilitate terrorist acts

      (1) A person commits an offence if:

      (a) the person collects or makes a document; and

      (b) the document is connected with preparation for, the engagement of a person in, or assistance in a terrorist act; and

      (c) the person mentioned in paragraph (a) knows of the connection described in paragraph (b).

      Penalty: Imprisonment for 15 years.

      (2) A person commits an offence if:

      (a) the person collects or makes a document; and

      (b) the document is connected with preparation for, the engagement of a person in, or assistance in a terrorist act; and

      (c) the person mentioned in paragraph (a) is reckless as to the existence of the connection described in paragraph (b).

      Penalty: Imprisonment for 10 years.

      (3) A person commits an offence under subsection (1) or (2) even if:

      (a) a terrorist act does not occur; or

      (b) the document is not connected with preparation for, the engagement of a person in, or assistance in a specific terrorist act; or

      (c) the document is connected with preparation for, the engagement of a person in, or assistance in more than one terrorist act.

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

      (5) Subsections (1) and (2) do not apply if the collection or making of the document was not intended to facilitate preparation for, the engagement of a person in, or assistance in a terrorist act.

      Note: A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3)).

      (6) If, in a prosecution for an offence (the prosecuted offence) against a subsection of this section, 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 this section, 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.

      101.6 Other acts done in preparation for, or planning, terrorist acts

      (1) A person commits an offence if the person does any act in preparation for, or planning, a terrorist act.

      Penalty: Imprisonment for life.

      (2) A person commits an offence under subsection (1) even if:

      (a) a terrorist act does not occur; or

      (b) the person’s act is not done in preparation for, or planning, a specific terrorist act; or

      (c) the person’s act is done in preparation for, or planning, more than one terrorist act.

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

      Division 102

      Terrorist organisations

      Subdivision A

      Definitions

      102.1 Definitions

      (1) In this Division:

      advocate has the meaning given by subsection (1A).

      associate: a person associates with another person if the person meets or communicates with the other person.

      close family member of a person means:

      (a) the person’s spouse or de facto partner; or

      (b) a parent, step-parent or grandparent of the person; or

      (c) a child, step-child or grandchild of the person; or

      (d) a brother, sister, step-brother or step-sister of the person; or

      (e) a guardian or carer of the person.

      Note: See also subsection (19).

      member of an organisation includes:

      (a) a person who is an informal member of the organisation; and

      (b) a person who has taken steps to become a member of the organisation; and

      (c) in the case of an organisation that is a body corporate — a director or an officer of the body corporate.

      recruit includes induce, incite and encourage.

      terrorist organisation means:

      (a) an organisation that is directly or indirectly engaged in, preparing, planning, assisting in or fostering СКАЧАТЬ