Criminal Code Act. Australia
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Название: Criminal Code Act

Автор: Australia

Издательство: Проспект

Жанр: Юриспруденция, право

Серия:

isbn: 9785392081615

isbn:

СКАЧАТЬ the table:

      Extension of applicable disallowance period Item If the Committee’s report is tabled in that House… extend the period of 15 sitting days by… 1 on the fifteenth sitting day of the applicable disallowance period 8 sitting days of that House 2 on the fourteenth sitting day of the applicable disallowance period 7 sitting days of that House 3 on the thirteenth sitting day of the applicable disallowance period 6 sitting days of that House 4 on the twelfth sitting day of the applicable disallowance period 5 sitting days of that House 5 on the eleventh sitting day of the applicable disallowance period 4 sitting days of that House 6 on the tenth sitting day of the applicable disallowance period 3 sitting days of that House 7 on the ninth sitting day of the applicable disallowance period 2 sitting days of that House 8 on the eighth sitting day of the applicable disallowance period 1 sitting day of that House

      Applicable disallowance period

      (4) For the purposes of the application of this section to a regulation, the applicable disallowance period for a House of the Parliament means the period of 15 sitting days of that House after the regulation, or a copy of the regulation, was laid before that House in accordance with whichever of the following provisions was applicable:

      (a) paragraph 48(1)(c) of the Acts Interpretation Act 1901;

      (b) section 38 of the Legislative Instruments Act 2003.

      Subdivision B

      Offences

      102.2 Directing the activities of a terrorist organisation

      (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.

      Penalty: Imprisonment for 25 years.

      (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.

      Penalty: Imprisonment for 15 years.

      102.3 Membership of a terrorist organisation

      (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.

      Penalty: Imprisonment for 10 years.

      (2) Subsection (1) does not apply if the person proves that 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.

      Note: A defendant bears a legal burden in relation to the matter in subsection (2) (see section 13.4).

      102.4 Recruiting for a terrorist organisation

      (1) A person commits an offence if:

      (a) the person intentionally recruits a person to join, or participate in the activities of, an organisation; and

      (b) the organisation is a terrorist organisation; and

      (c) the first-mentioned person knows the organisation is a terrorist organisation.

      Penalty: Imprisonment for 25 years.

      (2) A person commits an offence if:

      (a) the person intentionally recruits a person to join, or participate in the activities of, an organisation; and

      (b) the organisation is a terrorist organisation; and

      (c) the first-mentioned person is reckless as to whether the organisation is a terrorist organisation.

      Penalty: Imprisonment for 15 years.

      102.5 Training a terrorist organisation or receiving training from a terrorist organisation

      (1) A person commits an offence if:

      (a) the person intentionally provides training to, or intentionally receives training from, 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.

      Penalty: Imprisonment for 25 years.

      (2) A person commits an offence if:

      (a) the person intentionally provides training to, or intentionally receives training from, an organisation; and

      (b) the organisation is a terrorist organisation that is covered by paragraph (b) of the definition of terrorist organisation in subsection 102.1(1).

      Penalty: Imprisonment for 25 years.

      (3) Subject to subsection (4), strict liability applies to paragraph (2)(b).

      (4) Subsection (2) does not apply unless the person is reckless as to the circumstance mentioned in paragraph (2)(b).

      Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3)).

      102.6 Getting funds to, from or for a terrorist organisation

      (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.

      Penalty: Imprisonment for 25 years.

      (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 СКАЧАТЬ