LEGAL
Q&A Anna Richards
How Much Do You Know About TerrorismRelated Offences And Laws? The serious repercussions of engagement in the types of conduct which fall under the umbrella of the offences covered by the Criminal Code Act 1995 (Cth) (the Act) are reflected in the very severe penalties which are applicable, upon conviction. Many of the offences attract penalties involving the imposition of periods of imprisonment of 25 years and, in some cases, of life. The following examines some of those offence provisions of the Act to see exactly what sort of conduct it serves to capture. Advocating Terrorism Section 80.2C of the Act makes it an offence for a person to advocate (which includes encourage or promote) the doing of a terrorist act or the commission of a terrorism offence (which is defined under subsection (2)) recklessly as to whether another person will engage in either act. Conviction of this offence attracts the penalty of imprisonment for a period of five years. There are certain defences available, including where the conduct is carried out in good faith for a number of particular reasons, such as: • to inform the Government of the need for the legislation to be rectified to cure defects; • to inform the Government about matters which may have a tendency to foster ill will between different groups; and • to publish a report or commentary about a matter of public interest. Terrorist Acts Section 101.1 (1) of the Act provides that a person commits an offence if the person engages in a terrorist act. ‘Terrorist act’ means an action, or threat of action, where: (a) the action falls within subsection (2) and does not fall within subsection (3); and
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(b) the action is done or the threat is made with the intention of advancing a political, religious or ideological cause; and (c) the action is done or the threat is made with the intention of: a. coercing, or influencing, by intimidation, any part of a state, territory or the Commonwealth government of Australia or the government of a foreign country; or b. intimidating the public or a section of the public. Section 101.1 (2) clarifies that, in order for the offence of committing a terrorist act to be made out, the action must: • cause serious harm that is physical harm to a person; or • cause serious damage to property; or • endanger a person’s life (other than the life of the offending person); or • create a serious risk to the health or safety of the public (or a section of it); or • seriously interfere with, seriously disrupt or destroy an electronic system, including but not limited to: o an information system; or o a telecommunications system; or o a financial system; or o a system used for the delivery of essential government services; or o a system used for, or by, an essential public utility; or o a system used for, or by, a transport system. The person or property can be located anywhere in the world. There is no requirement that the person or property be located within Australia. The penalty for conviction in respect of this offence is imprisonment for the period of the person’s life. Section 101.1 (3) clarifies that the following conduct does not constitute the offence of committing a terrorist act: • advocacy, protest, dissent or industrial action which is not intended to:
o cause serious harm that is physical harm to a person; or o cause a person’s death; or o endanger the life of a person (other than the person so acting); or o create a serious risk to the health or safety of the public (or a section of it). Providing or Receiving Training Connected with Terrorist Acts Section 101.2 (1) of the Act provides that a person commits this offence if he provides or receives training which is connected with the preparation for, the engagement of a person in, or assistance with a terrorist act and knows of that connection. Conviction of such an offence carries a sentence of 25 years of imprisonment. Further, even if it cannot be proven that the person ‘knew’ of the connection, if he is found to have been ‘reckless’ as to the existence of such a connection, then he may be convicted of the alternative offence (under section 101.2 (2)), which carries the lesser penalty of 15 years of imprisonment. Possessing Items Connected with Terrorist Acts Section 101.4 (1) of the Act provides that a person is guilty of this offence if he possesses an item which is connected with preparation for, the engagement of a person in, or assistance with a terrorist act and knows of that connection. Conviction of such an offence carries a sentence of 15 years of imprisonment. There is no requirement that the offending conduct occur in Australia. It can occur anywhere in the world. Again, if the person is found not to know of the connection but to have been reckless as to the existence of such a connection, then he may be found guilty of the alternative offence (under section 101.4 (2)), which carries the slightly lesser penalty of imprisonment for 10 years.