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