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Recruiting for a Terrorist Organisation

Commonwealth Offences – Federal

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

What the Law States according to Federal Law for Recruiting For A Terrorist Organisation

According to Federal Law for the charge of Recruiting For A Terrorist Organisation:

Sections 102.3 of the Commonwealth Criminal Code states:

(1) A person commits an offence if:

(a) The person intentionally recruits a person to join, or participate in the activities of an organisation; and

(b) The organisation is a terrorist organisation; and

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

(2) A person commits an offence if:

(a) The person intentionally recruits a person to join, or participate in the activities of an organisation; and

(b) The organisation is a terrorist organisation; and

The first- mentioned person is reckless as to whether the organisation is a terrorist organisation

The Maximum Penalty – Recruiting For A Terrorist Organisation

The Maximum penalty for the offence of Recruiting for a Terrorist Organisation is:

Section (1) 25 years imprisonment
Section (2) 15 years

What the Police must prove according to Federal Law for Recruiting For 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.

Section (1)

(a) The person intentionally recruited a person to join, or participate in the activities of an organisation; and

(b) The organisation is a terrorist organisation; and

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

Section (2)

(a) The person intentionally recruited a person to join, or participate in the activities of an organisation; and

(b) The organisation is a terrorist organisation; and

(c) The first- mentioned person was reckless as to whether 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 – Recruiting For A Terrorist Organisation

Possible defences to this offence include but are not limited to:

Section (1)

1. The accused did not intentionally recruit a person to join, or participate in the activities 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.

Section (2)

1. The accused did not intentionally recruit a person to join, or participate in the activities 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.

5. The accused was not reckless as to whether the organisation was a terrorist organisation.

In Federal which court will hear the matter – Recruiting For 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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