Section 102.6 Criminal Code Act 1995
Funding Terrorist Organisation

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Knowingly getting funds to, from or for a terrorist organisation is an offence under section 102.6(1) of the Criminal Code Act 1995 (Cth) which carries a maximum penalty of 25 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You intentionally received funds from, made funds available to, or collected funds for or on behalf of an organisation whether directly or indirectly.
  2. The organisation was a terrorist organisation, and
  3. You knew the organisation was a terrorist organisation

A ‘terrorist organisation’ is one that is prescribed as such by the Act or its regulations or one that is otherwise directly or indirectly engaged in preparing, planning, assisting in or fostering the doing of a terrorist act.

A ‘terrorist act’ is an action done or threatened with the intention of:

  1. Coercing, or influencing by intimidation, the government of the Commonwealth or a state, territory or foreign country, or a part thereof, or
  1. Intimidating the public or a section thereof

‘An action’ includes:

  1. Causing serious physical harm to a person
  2. Causing serious damage to property
  3. Causing death
  4. Endangering another’s life
  5. Creating a serious risk to the health or safety of the public or part thereof, and
  6. Seriously interfering with, seriously disrupting or destroying an electronic system

An ‘electronic system’ includes:

  1. An information, telecommunications or financial system
  2. A system to deliver essential government services, and
  3. A system for or by an essential public utility or transport system

‘An action’ does not include advocacy, protest, dissent or industrial action not intended to:

  1. Cause death, serious physical harm or endanger another’s life, or
  2. Create a serious risk to the health or safety of the public or a part thereof

You are not guilty of the offence if you are able to establish, ‘on the balance of probabilities’, that your conduct was solely for the purpose of:

  1. Obtaining legal representation in relation to the charge
  2. Obtaining legal advice or regarding with whether an organisation is a terrorist organisation, or
  3. Assisting an organisation to comply with a law of the Commonwealth, a state or territory

Self-defence, duress and necessity are legal defences to the charge.

————————————————————————

Recklessly getting funds to, from or for a terrorist organisation is an offence under section 102.6(2) of the Criminal Code Act 1995 (Cth) which carries a maximum penalty of 15 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You intentionally received funds from, made funds available to, or collected funds for or on behalf of an organisation whether directly or indirectly
  2. The organisation was a terrorist organisation, and
  3. You were reckless as to whether the organisation was a terrorist organisation

A ‘terrorist organisation’ is one that is prescribed as such by the Act or its regulations or one that is otherwise directly or indirectly engaged in preparing, planning, assisting in or fostering the doing of a terrorist act.

A ‘terrorist act’ is an action done or threatened with the intention of:

  1. Coercing, or influencing by intimidation, the government of the Commonwealth or a state, territory or foreign country, or a part thereof, or
  2. Intimidating the public or a section thereof

‘An action’ includes:

  1. Causing serious physical harm to a person
  2. Causing serious damage to property
  3. Causing death
  4. Endangering another’s life
  5. Creating a serious risk to the health or safety of the public or part thereof, and
  6. Seriously interfering with, seriously disrupting or destroying an electronic system

An ‘electronic system’ includes:

  1. An information, telecommunications or financial system
  2. A system to deliver essential government services, and
  3. A system for or by an essential public utility or transport system

‘An action’ does not include advocacy, protest, dissent or industrial action not intended to:

  1. Cause death, serious physical harm or endanger another’s life, or
  2. Create a serious risk to the health or safety of the public or a part thereof

You were ‘reckless’ if you were aware there was a substantial risk that the organisation was a terrorist organisation and it was unjustifiable to take that risk, but you went ahead with your actions regardless.

You are not guilty of the offence if you are able to establish, ‘on the balance of probabilities’, that your conduct was solely for the purpose of:

  1. Obtaining legal representation in relation to the charge
  2. Obtaining legal advice or representation regarding whether the organisation is a terrorist organisation
  3. Assisting an organisation to comply with a law of the Commonwealth, a state or territory

Self-defence, duress and necessity are legal defences to the charge.

If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your Funding Terrorist Organisation matter, call Sydney Criminal Lawyers® today on
(02) 9261 8881
.

The Legislation

102.6  Getting funds to, from or for a terrorist organisation

(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

(b)  assistance to the organisation for it to comply with a law of the Commonwealth or a State or Territory.

Note:          A defendant bears a legal burden in relation to the matter in subsection (3) (see section 13.4).

A ‘Terrorist Organisation’ is defined as:

(a)  an organisation that is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act (whether or not a terrorist act occurs); or

(b)  an organisation that is specified by the regulations for the purposes of this paragraph (see subsections (2), (3) and (4)).

Why Choose Sydney Criminal Lawyers®?

Going to court can be nerve-racking, but having a strong and compassionate legal team behind you can make the experience significantly easier to deal with.

Here are 12 reasons to choose our multi-award winning legal team:

  1. Proven Track Record of Exceptional Results

    Sydney Criminal Lawyers® consistently achieves outcomes which are in the highest percentile of the Judicial Commission’s sentencing statistics for criminal cases.

    Our legal team devises effective case-strategies and fights hard to have cases dropped entirely or charges downgraded – saving clients the time, expense and stress of a defended hearing or jury trial.

    Where cases nevertheless proceed, our lawyers have an outstanding track record of winning defended Local Court hearings, and complex jury trials in the District and Supreme Courts.

    We also consistently win appeals in the District and Supreme Courts (including the NSWCCA) after clients have received unsatisfactory results with other law firms in the lower courts.We are one of the few firms to achieve successful criminal law appeals in the High Court of Australia.

    Where our clients wish to plead guilty, we frequently achieve ‘dismissals’ and ‘non convictions’ in cases where other lawyers have advised there is no chance of doing so.

  2. Highest Level of Client Satisfaction

    We have the best and most comprehensive client review record of any law firm in Australia.

    Regular communication, accessibility and quality service are our team’s highest priorities.

    We are committed to thoroughly explaining all steps involved in the criminal law process, providing regular updates throughout the proceedings, and making ourselves accessible and responsive.

    We are passionate about providing an exceptional level of service to our clients, and we fight hard to achieve optimal results in the shortest period of time.

  3. Australia’s Most Awarded Criminal Law Firm

    We have received more awards and accolades than any other criminal law firm in Australia. Our team has been awarded “Criminal Defence Firm of the Year in Australia” in a number of prestigious and competitive awards programs for several years running.

    The awards recognise our exceptional track record of results, our outstanding client service, the high level of satisfaction we achieve, the affordability of our services and our overall excellence.

  4. Fixed Fees

    We want our clients to know exactly how much their cases will cost from the very start. That’s why we were the first criminal law firm in Australia to publish ‘fixed fees’, back in 2004.

    We offer fixed fees for most types of criminal cases and services.Our fixed fees apply to a range of Local Court cases such as drink driving, drug possession, fraud, common assault and AVOs, and also specific services such as prison visits, bail applications, appeals and defended hearings.

    Unlike many other law firms, our fixed fees are published on our website – which ensures transparency and certainty.

  5. Free First Appointment

    For those who are going to court, we offer a free first conference of up to an hour with one of our Senior Criminal Defence Lawyers.

    We also offer a free first conference to those who have received an unsatisfactory result after being represented in court by another law firm, or after representing themselves, and wish to appeal.

  6. Specialist Lawyer Guarantee

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    This ensures our clients receive the highest quality representation from an experienced, specialist criminal lawyer.

  7. All NSW Courts

    From Bombala to Broken Hill, our lawyers appear in courts throughout New South Wales – and across Australia for Commonwealth cases.

    And we offer fixed fees for most criminal and traffic law cases throughout the state.

  8. Accredited Specialists

    Our entire firm is exclusively dedicated to criminal law – which makes us true specialists.

    All of our lawyers have years of experience representing clients in criminal cases, and our principal has been certified by the Law Society of NSW as an Accredited Criminal Law Specialist since 2005.

    An ‘Accredited Specialist’ is a lawyer who has practised for at least 5 years in a particular field of law (such as criminal law), has passed a rigorous assessment process conducted by the Law Society of NSW, and has been selected by the Specialist Accreditation Committee of the Law Society as an expert in the field.

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    Our firm’s specialist experience ensures you receive the best possible result, whatever your criminal law case may be.

  9. Results-Focused Law Firm

    Our team is passionate about achieving results, and unlike many other law firms, our lawyers do not have monthly financial ‘budgets’ to meet.

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  10. Team of Lawyers Behind You

    Our clients benefit from the pool of knowledge that only an extensive team of experienced criminal defence lawyers can provide.

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  11. Familiar with Magistrates and Judges

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    Our team’s extensive experience before the courts ensures your case is tailored to the specific nuances of individual judicial officers, maximising the likelihood of a favourable result.

  12. Convenience

    We have offices in locations across the Sydney Metropolitan Area and beyond, including:

    We offer free parking at our Sydney CBD offices, and all of our offices are close to train stations and bus terminals.

    For those who are unable to attend our offices, we offer conferences by telephone, Skye and FaceTime anywhere around the world.

    If you are going to court and wish to arrange a free first consultation, call our 24 hour hotline on (02) 9261 8881 or send us an email at info@sydneycriminallawyers.com.au.

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