Author: Bill Doogue
Practice area: Commonwealth offences
Bill is a founding Director of Doogue + George, ranked by Doyle's Guide as a Preeminent Criminal Defence Lawyer in Victoria (2026) and an LIV Accredited Criminal Law Specialist since 1998 with over 30 years of experience in complex criminal and corporate matters. His depth of experience in this area means clients receive accurate, considered advice.
View full profile →Bill authored this content and last revised it for accuracy on 6 August 2026.
What is the offence of Membership of a Terrorist Organisation?
The offence of Membership of a Terrorist Organisation applies where a person is a member of an organisation that is legally classified as a terrorist organisation under Commonwealth law. The offence focuses on an individual’s association with the organisation itself, rather than participation in a specific terrorist act.
Key points
- Legal basis: Charged under section 102.3 of the Criminal Code Act 1995.
- Nature of conduct: Involves being a member of an organisation classified as a terrorist organisation.
- Court: Supreme Court.
The maximum penalty for Membership of a Terrorist Organisation is imprisonment for 10 years.
Common defences may include lack of membership, absence of intention to be a member, lack of knowledge that the organisation was a terrorist organisation, or taking reasonable steps to cease membership once aware.
Have you been accused of being a Member of a Terrorist Organisation? This is a particularly sensitive offence and it is important you contact our office immediately after being notified of any accusations of this kind.
Police Interview
Do the Police want to speak to you about an allegation of membership of a terrorist organisation? Do you know what you will say? It is crucial you understand Police want to speak to you because they suspect you have committed an offence. Police are likely to have decided to charge you already, and will be hoping you will make admissions to membership of a terrorist organisation, which can then be used against you in court to prove the charge.
An interview with Police is not an opportunity for you to tell your side of the story, it is not a process that is designed to be fair to you. You will not be provided with any information Police already have (statements and other evidence) in advance of the interview.
You should contact our office and set up a conference before you attend a Police interview. We can assist you in understanding the process and making sure you are properly informed and prepared.
We recommend considering having one of our lawyers attend the interview with you. Our lawyers ensure Police conduct the process in a proper manner and comply with all relevant procedures.
Pleading Not Guilty
Our experienced lawyers specialise in defending individuals accused of membership in a terrorist organisation. We will thoroughly analyse the case against you, identify weaknesses in the prosecution’s evidence, and build a strong defence to prove your innocence. Our team will also pursue any overlooked evidence that supports your case.
Pleading Guilty
If you decide to plead guilty to membership of a terrorist organisation we are best placed to ensure you receive the most favourable outcome. We can negotiate with prosecution, amend the charges and facts if possible, and assist you in preparing for your plea hearing by gathering relevant and useful materials, such as references and reports. We are confident in our ability to conduct a persuasive plea for the offence of membership of a terrorist organisation, explain your version of events, and secure the best possible outcome in the circumstances.
You must understand that this is an extremely serious allegation with serious consequences. We will advise you of all the things you need to know so you are properly informed.
Which court will the case be heard in?
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.
Defences
- 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?
Maximum penalty for section 102.3 of the Criminal Code Act 1995
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.
