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Collecting Or Making Documents Likely To Facilitate Terrorist Acts

What the law says

Sections 101.5 of the Commonwealth Criminal Code states:

(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)

(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)

(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 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.

Section 15.4 states

If a law of the Commonwealth provides that this section applies to a particular offence, the offence applies:

(a) whether or not the conduct constituting the alleged offence occurs in Australia; and
(b) whether or not a result of the conduct constituting the alleged offence occurs in Australia.

What the police must prove

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 collects or makes a document; and
  2. The document is connected with the preparation for, the engagement of a person in, or assistance in a terrorist act; and
  3. The person mentioned in paragraph 1. knows of the connection described in paragraph 2.

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.

Maximum penalty

The Maximum penalty for the offence of Collecting or Making Documents Likely to facilitate Terrorist Acts

Section (1) 15 years imprisonment.

Section (2) 10 years imprisonment.

Section (6) states that: if the prosecution for an offence against 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 against another subsection of this section, the trier of fact may find the defendant not guilty of the prosecuted offence but guilty of an alternative offence, so long as the defendant has been accorded procedural fairness in relation to the finding of guilt.

Which court will hear the matter

This matter is Commonwealth Offence which means it is dealt with in the Supreme Court.

Possible defences

Possible defences to this offence include but are not limited to

  1. The accused did not collect or make a document; and
  2. The document was not intended to facilitate preparation for, the engagement of a person in, or assistance in a terrorist act.
  3. The accused collected or made a document but did not know it was connected with the preparation for, the engagement of a person in, or assistance in a terrorist act.
 

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