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Section 102.8 Criminal Code Act 1995
Associating with Terrorist Organisations

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Associating with a terrorist organisation is an offence under section 102.8(1) of the Criminal Code Act 1995 (Cth)

which carries a maximum penalty of 3 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that on 2 or more occasions:

  1. You associated with another person who was a member of, or who promoted or directed, an organisation
  2. Your association was intentional
  3. You knew the other person was a member of, or promoted or directed the activities of, the organisation
  4. The organisation was prescribed as a terrorist organisation by the Act or its regulations
  5. You knew the organisation was a terrorist organisation
  6. Your association was such that it provided support to the organisation
  7. You intended that your support would assist the organisation to expand or continue to exist

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

A ‘member’ of a terrorist organisation includes:

  1. An informal member of the organisation
  2. A person who has taken steps to become a member of the organisation, and
  3. A director or officer of the organisation where it is a corporation

A person is not a member of a terrorist organisation if it is established that he or she took all reasonable steps to cease to be a member of the organisation as soon as practicable after knowing it was a terrorist organisation.

You are not guilty of the offence if you establish, ‘on the balance of probabilities’, that:

  1. The association was with a close family member and related to a matter that could be reasonably regarded as a matter of family or domestic concern
  2. The association was in a place being used for public religious worship and took place in the course of practising a religion
  3. The association was solely to provide humanitarian aid, or
  4. The association was solely for legal advice or representation in connection with:
    • Possible or actual criminal proceedings, or related proceedings
    • The question of whether the organisation was a terrorist organisation
    • A decision, proposed decision or proceedings under Part III, Division 3 of the Australian Security Organisation Act 1979 (Cth) which relates to the organisation’s compulsory questioning powers
    • A listing, proposed listing, application or proposed application under section 15 of the Charter of the United Nations Act 1945 (Cth) which relates to Security Council decisions, actions Australia is required to carry out, terrorism and dealing with assets.
    • Proceedings by a United States military commission which relate to terrorism, or
    • Proceedings to review a decision relating to a passport or travel document including a failure to issue such a document

You are also not guilty to the extent that a finding of guilt would contravene the implied constitutional doctrine of freedom of political communication If you are convicted of an offence under the section, you cannot be guilty of a further such offence in relation to conduct that occurred:

  1. At the same time as that which was the subject of the original offence, or
  2. Within 7 days after any conduct which was the subject of the original offence

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

—————————————————————-

Associating with a terrorist organisation – repeat offence Is a crime under section 102.8(2) of the Criminal Code Act 1995 (Cth) which carries a maximum penalty of 3 years in prison.

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

  1. You were convicted of an offence under section 102.8(1) of the Act which is the offence of associating with a terrorist organisation
  2. You associated with another person who was a member of, or who promoted or directed, an organisation
  3. Your association was intentional
  4. You knew the other person was a member of, or promoted or directed the activities of, the organisation
  5. The organisation was prescribed as a terrorist organisation by the Act or its regulations
  6. You knew the organisation was a terrorist organisation
  7. Your association was such that it provided support to the organisation, and
  8. You intended that your support would assist the organisation to expand or continue to exist

You are guilty of an offence under section 102.8(1) if the prosecution is able to prove, beyond reasonable doubt, that on 2 or more occasions:

  1. You associated with another person who was a member of, or who promoted or directed, an organisation
  2. Your association was intentional
  3. You knew the other person was a member of, or promoted or directed the activities of, the organisation
  4. The organisation was prescribed as a terrorist organisation by the Act or its regulations
  5. You knew the organisation was a terrorist organisation
  6. Your association was such that it provided support to the organisation
  7. You intended that your support would assist the organisation to expand or continue to exist

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

A ‘member’ of a terrorist organisation includes:

  1. An informal member of the organisation
  2. A person who has taken steps to become a member of the organisation, and
  3. A director or officer of the organisation where it is a corporation

A person is not a member of a terrorist organisation if it is established that he or she took all reasonable steps to cease to be a member of the organisation as soon as practicable after knowing it was a terrorist organisation.

You are not guilty of the offence if you establish, ‘on the balance of probabilities’, that:

  1. The association was with a close family member and related to a matter that could be reasonably regarded as a matter of family or domestic concern
  2. The association was in a place being used for public religious worship and took place in the course of practising a religion.
  3. The association was solely to provide humanitarian aid, or
  4. The association was solely for legal advice or representation in connection with:
    • Possible or actual criminal proceedings, or related proceedings
    • The question of whether the organisation was a terrorist organisation
    • A decision, proposed decision or proceedings under Part III, Division 3 of the Australian Security Organisation Act 1979 (Cth) which relates to the organisation’s compulsory questioning powers
    • A listing, proposed listing, application or proposed application under section 15 of the Charter of the United Nations Act 1945 (Cth) which relates to Security Council decisions, actions Australia is required to carry out, terrorism and dealing with assets
    • Proceedings by a United States military commission which relate to terrorism, or
    • Proceedings to review a decision relating to a passport or travel document including a failure to issue such a document

You are also not guilty to the extent that a finding of guilt would contravene the implied constitutional doctrine of freedom of political communication.

If you are convicted of an offence under the section, you cannot be guilty of a further such offence in relation to conduct that occurred:

  1. At the same time as that which was the subject of the original offence, or
  2. Within 7 days after any conduct which was the subject of the original offence

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 Associating with Terrorist Organisations matter, call Sydney Criminal Lawyers® today
on (02) 9261 8881.

The Legislation

102.8  Associating with terrorist organisations

(1)  A person commits an offence if:

(a)  on 2 or more occasions:

(i)  the person intentionally associates with another person who is a member of, or a person who promotes or directs the activities of, an organisation; and

(ii)  the person knows that the organisation is a terrorist organisation; and

(iii)  the association provides support to the organisation; and

(iv)  the person intends that the support assist the organisation to expand or to continue to exist; and

(v)  the person knows that the other person is a member of, or a person who promotes or directs the activities of, the organisation; and

(b)  the organisation is a terrorist organisation because of paragraph (b) of the definition of terrorist organisation in this Division (whether or not the organisation is a terrorist organisation because of paragraph (a) of that definition also).

Penalty:  Imprisonment for 3 years.

(2)  A person commits an offence if:

(a)  the person has previously been convicted of an offence against subsection (1); and

(b)  the person intentionally associates with another person who is a member of, or a person who promotes or directs the activities of, an organisation; and

(c)  the person knows that the organisation is a terrorist organisation; and

(d)  the association provides support to the organisation; and

(e)  the person intends that the support assist the organisation to expand or to continue to exist; and

(f)  the person knows that the other person is a member of, or a person who promotes or directs the activities of, the organisation; and

(g)  the organisation is a terrorist organisation because of paragraph (b) of the definition of terrorist organisation in this Division (whether or not the organisation is a terrorist organisation because of paragraph (a) of that definition also).

Penalty:  Imprisonment for 3 years.

(3)  Strict liability applies to paragraphs (1)(b) and (2)(g).

(4)  This section does not apply if:

(a)  the association is with a close family member and relates only to a matter that could reasonably be regarded (taking into account the person’s cultural background) as a matter of family or domestic concern; or

(b)  the association is in a place being used for public religious worship and takes place in the course of practising a religion; or

(c)  the association is only for the purpose of providing aid of a humanitarian nature; or

(d)  the association is only for the purpose of providing legal advice or legal representation in connection with:

(i)  criminal proceedings or proceedings related to criminal proceedings (including possible criminal proceedings in the future); or

(ii)  proceedings relating to whether the organisation in question is a terrorist organisation; or

(iii)  a decision made or proposed to be made under Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979, or proceedings relating to such a decision or proposed decision; or

(iv)  a listing or proposed listing under section 15 of the Charter of the United Nations Act 1945 or an application or proposed application to revoke such a listing, or proceedings relating to such a listing or application or proposed listing or application; or

(v)  proceedings conducted by a military commission of the United States of America established under a Military Order of 13 November 2001 made by the President of the United States of America and entitled “Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism”; or

(vi)  proceedings for a review of a decision relating to a passport or other travel document or to a failure to issue such a passport or other travel document (including a passport or other travel document that was, or would have been, issued by or on behalf of the government of a foreign country).

Note:          A defendant bears an evidential burden in relation to the matters in subsection (4). See subsection 13.3(3).

(5)  This section does not apply unless the person is reckless as to the circumstance mentioned in paragraph (1)(b) and (2)(g) (as the case requires).

Note:          A defendant bears an evidential burden in relation to the matter in subsection (5). See subsection 13.3(3).

(6)  This section does not apply to the extent (if any) that it would infringe any constitutional doctrine of implied freedom of political communication.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (6). See subsection 13.3(3).

(7)  A person who is convicted of an offence under subsection (1) in relation to the person’s conduct on 2 or more occasions is not liable to be punished for an offence under subsection (1) for other conduct of the person that takes place:

(a)  at the same time as that conduct; or

(b)  within 7 days before or after any of those occasions.

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

    We guarantee that only lawyers with substantial criminal defence experience will work on your case and appear for you in court.

    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.

    Accredited Specialists are required to undertake more training each year than other lawyers and must be successful in having their accreditation renewed every year. Specialist Accreditation is the mark of a true specialist.

    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.

    The absence of budgets means our lawyers are entirely focused on achieving optimal results in the shortest space of time; whether by getting charges dropped or downgraded at an early stage or having cases ‘thrown out of court’.

    Not having budgets also means our lawyers are not under pressure to engage in unscrupulous practices such as unnecessarily adjourning cases or ‘overcharging’ clients – which, sadly, is a common complaint against many other lawyers and law firms.

    No budgets encourages regular consultation between lawyers within the firm – promoting an ‘open door’, team environment where lawyers bounce ideas off one another, formulate case strategy together and benefit from each other’s specialised experience, methods, techniques and insights.

    The result is a firm which delivers optimal outcomes in the shortest time periods, at the least expense and stress to our clients.

  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.

    Our lawyers regularly consult one another to stay ‘ahead of the pack’ in the ever-changing field of criminal law – constantly devising, refining and implementing specialised techniques which ensure our clients achieve the best possible outcomes.

    A team approach is particularly important when it comes to serious criminal cases such as murder, commercial drug cases, serious and sexual assaults, large-scale fraud, robbery and other ‘indictable’ cases.

    In such matters, clients reap the benefits of several lawyers devising and executing case strategies which maximise the chances of having cases dropped or downgraded at an early stage, or ‘thrown out of court’ – often saving clients a great deal of cost, time and anxiety.

  11. Familiar with Magistrates and Judges

    Each of our lawyers appears in court on a daily basis, and has done so for years. We have therefore been able to develop an understanding of, and rapport with, magistrates and judges in Sydney and indeed across the state.

    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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