Getting Funds to, from or for a Terrorist Organisation

– section 102.6 of the Criminal Code Act 1995

Getting Funds to, from or for a Terrorist Organisation is when you either receive funds from a Terrorist Organisation or you provide or collect funds for a Terrorist Organisation.
Examples of Getting Funds to, from or for a Terrorist Organisation
  • You raise funds to support the campaign of a Terrorist Organisation.
  • You make a donation to a Terrorist Organisation.
What are some of the possible defences to a charge of Getting Funds to, from or for a Terrorist Organisation?
  • You did not receive funds from a Terrorist Organisation.
  • You did not provide or collect funds from a Terrorist Organisation.
  • You did not do any of the above intentionally.
  • You had no way of knowing the money was coming from or going to a Terrorist Organisation.
  • You are a lawyer and received funds from a Terrorist Organisation as payment for legal services.

There are other possible defences, depending on the circumstances surrounding the alleged offending. Each matter is unique and requires an individual approach and strategy.

Questions in cases like this
  • Can they prove that your received or provided funds?
  • Can they prove you knew the organisation was a Terrorist Organisation?

 

Maximum penalty and Court that deals with this charge

The maximum penalty for intending to commit this offence is imprisonment for 25 years. And the maximum penalty for being reckless as to committing this offence is imprisonment for 15 years.

The offence of getting funds to, from, or for a terrorist organisation is a very serious offence which is heard in the Supreme Court.

“Did you give money to a Terrorist Organisation?”
What is the legal definition of Getting Funds to, from or for a Terrorist Organisation?

The Prosecution must show that the accused either intentionally received funds from, or made funds available to, an organisation that is a terrorist organisation, whether directly or indirectly. It is also an offence if the accused collected funds for, or on behalf of, an organisation that is a terrorist organisation. The accused must have had the knowledge that the organisation was a terrorist organisation or have been reckless as to whether the organisation was a terrorist organisation.

Legislation

The section that covers this offence is section 102.6 of the Criminal Code Act 1995.1
 

What can you be sentenced to for this charge?

As this is considered a very serious offence, if you are found guilty you are likely to get a prison sentence.

Other Important Resources

 


[1] Criminal Code Act 1995 – Section 102.6

(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 is a terrorist organisation; and
(c) the person is reckless as to whether the organisation is a terrorist organisation.
Penalty: Imprisonment for 15 years.
(3) Subsections (1) and (2) do not apply to the person’s receipt of funds from the organisation if the person proves that he or she received the funds solely for the purpose of the provision of:
(a) legal representation for a person in proceedings relating to this Division; or
(aa) legal advice or legal representation in connection with the question of whether the organisation is a terrorist organisation; or
(b) assistance to the organisation for it to comply with a law of the Commonwealth or a State or Territory.