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Membership of a Terrorist Organisation

Commonwealth Offences – Federal

Welcome to the Federal Membership Of A Terrorist Organisation article page. Everything you need to know about Membership Of A Terrorist Organisation according to Federal law.

What the Law States according to Federal Law for Membership Of A Terrorist Organisation

According to Federal Law for the charge of Membership Of A Terrorist Organisation:

Sections 102.3 of the Commonwealth Criminal Code states:

(1) A person commits an offence if:

(a) The person intentionally is a member of an organisation; and

(b) The organisation is a terrorist organisation; and

(c) The person knows the organisation is a terrorist organisation.

(2) Subsection (1) does not apply if the person proves he or she took all reasonable steps to cease to be a member of the organisation as soon as practicable after the person knew that the organisation was a terrorist organisation

The Maximum Penalty – Membership Of A Terrorist Organisation

The Maximum penalty for the offence of Membership of a Terrorist Organisation is 25 years imprisonment.

What the Police must prove according to Federal Law for Membership Of A Terrorist Organisation

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

1. The accused intentionally is a member of an organisation; and

2. The organisation is a terrorist organisation; and

3. The person knows the organisation is a terrorist organisation.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.

Possible Defences under Federal Law – Membership Of A Terrorist Organisation

Possible defences to this offence include but are not limited to

1. The accused did not intentionally become a member of an organisation.
2. The organisation is not a terrorist organisation
3. The accused did not know the organisation was a terrorist organisation.
4. Identification – i.e. it was not the accused.

In Federal which court will hear the matter – Membership Of A Terrorist Organisation

This matter is Commonwealth Offence which means it is dealt with in the Supreme Court.

 

Date: 09/01/2009

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