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Membership of a Terrorist Organisation

Membership of a Terrorist Organisation is when you are a member of a Terrorist Organisation. And you know the organisation is a Terrorist Organisation.
 
Member terrorist organisation
The offence of being a member of a terrorist organisation is heard in the Supreme Court.
 
What is the legal definition of Membership of a Terrorist Organisation?
The Prosecution must prove that the accused intentionally and knowingly was a member of a Terrorist Organisation.

“Did you know you were a member of a Terrorist Organisation?”

Examples of Membership of a Terrorist Organisation
  • A man knows that ISIS is a recognised Terrorist Organisation. He believes in the ISIS agenda and wants to fight with ISIS in Syria. He joins the group online becoming a member.
  • A woman joins Al Nusra in Lebanon and becomes an active member of the group.
Legislation
The section that covers this offence is section 102.3 of the Criminal Code Act 1995.
 
  • You are not a member of a Terrorist Organisation.
  • You did not intentionally become a member.
  • You did not know the organisation was a Terrorist Organisation.
  • As soon as you found out the organisation was a Terrorist Organisation, you took all reasonable steps to cease being a member.
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
  • Did you know that you were a member?
  • Did you know the organisation was a Terrorist Organisation?
  • Did you intend to join the organisation?

The maximum penalty for Membership of a Terrorist Organisation (s102.3 of the Criminal Code Act 1995) is imprisonment for 10 years.

What can you be sentenced to for this charge?
If you are found guilty of this offence, you would generally expect to spend some time in prison.