Criminal Code Act. Australia
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Название: Criminal Code Act

Автор: Australia

Издательство: Проспект

Жанр: Юриспруденция, право

Серия:

isbn: 9785392081615

isbn:

СКАЧАТЬ subsection (1) in relation to the person’s conduct on 2 or more occasions is not liable to be punished for an offence under subsection (1) for other conduct of the person that takes place:

      (a) at the same time as that conduct; or

      (b) within 7 days before or after any of those occasions.

      Subdivision C

      General provisions relating to offences

      102.9 Extended geographical jurisdiction for offences

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

      102.10 Alternative verdicts

      (1) This section applies if, in a prosecution for an offence (the prosecuted offence) against a subsection of a section of this Division, 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 that section.

      (2) 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.

      Division 103

      Financing terrorism

      103.1 Financing terrorism

      (1) A person commits an offence if:

      (a) the person provides or collects funds; and

      (b) the person is reckless as to whether the funds will be used to facilitate or engage in a terrorist act.

      Penalty: Imprisonment for life.

      Note: Intention is the fault element for the conduct described in paragraph (1)(a). See subsection 5.6(1).

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

      (a) a terrorist act does not occur; or

      (b) the funds will not be used to facilitate or engage in a specific terrorist act; or

      (c) the funds will be used to facilitate or engage in more than one terrorist act.

      103.2 Financing a terrorist

      (1) A person commits an offence if:

      (a) the person intentionally:

      (i) makes funds available to another person (whether directly or indirectly); or

      (ii) collects funds for, or on behalf of, another person (whether directly or indirectly); and

      (b) the first-mentioned person is reckless as to whether the other person will use the funds to facilitate or engage in 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 funds will not be used to facilitate or engage in a specific terrorist act; or

      (c) the funds will be used to facilitate or engage in more than one terrorist act.

      103.3 Extended geographical jurisdiction for offences

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

      Division 104

      Control orders

      Subdivision A

      Object of this Division

      104.1 Object of this Division

      The object of this Division is to allow obligations, prohibitions and restrictions to be imposed on a person by a control order for the purpose of protecting the public from a terrorist act.

      Subdivision B

      Making an interim control order

      104.2 Attorney-General’s consent to request an interim control order

      (1) A senior AFP member must not request an interim control order in relation to a person without the Attorney-General’s written consent.

      Note: However, in urgent circumstances, a senior AFP member may request an interim control order without first obtaining the Attorney-General’s consent (see Subdivision C).

      (2) A senior AFP member may only seek the Attorney-General’s written consent to request an interim control order in relation to a person if the member:

      (a) considers on reasonable grounds that the order in the terms to be requested would substantially assist in preventing a terrorist act; or

      (b) suspects on reasonable grounds that the person has provided training to, or received training from, a listed terrorist organisation.

      (3) In seeking the Attorney-General’s consent, the member must give the Attorney-General a draft request that includes:

      (a) a draft of the interim control order to be requested; and

      (b) the following:

      (i) a statement of the facts relating to why the order should be made;

      (ii) if the member is aware of any facts relating to why the order should not be made — a statement of those facts; and

      (c) the following:

      (i) an explanation as to why each of the obligations, prohibitions and restrictions should be imposed on the person;

      (ii) if the member is aware of any facts relating to why any of those obligations, prohibitions or restrictions should not be imposed on the person — a statement of those facts; and

      (d) the following:

      (i) the outcomes and particulars of all previous requests for interim control orders (including the outcomes of the hearings to confirm the orders) in relation to the person;

      (ii) the outcomes and particulars of all previous applications for variations of control orders made in relation to the person;

      (iii) the outcomes of all previous applications for revocations of control orders made in relation to the person;

      (iv) the outcomes and particulars of all previous applications for preventative detention orders in relation to the person;

      (v) СКАЧАТЬ