Terrorism

Have you been charged or are you being investigated for a Terrorism offence?

A charge of terrorism under the Criminal Code Act 1995 (Cth) is a serious offence and carries some of the harshest penalties under Australian law, including life imprisonment. These offences cover a broad range of conduct including preparation, possession of materials, involvement in terrorist organisations, and financial support for terrorist activity.

If you are facing one of these charges, it is crucial to seek urgent legal advice from an experienced terrorism lawyer. Contact us today to speak to our best criminal lawyers.

What is a terrorism offence?

 

Under Divisions 101, 102 and 103 of the Criminal Code (Cth), terrorism offences include the following categories:

  • Engaging in a terrorist act (s 101.1) – Carrying out an act intended to advance a political, religious or ideological cause by coercing a government or intimidating the public. This is one of the most serious charges and carries a maximum penalty of life imprisonment.

  • Providing or receiving training connected to terrorist acts (s 101.2) – Applies where a person gives or receives training that is connected to the preparation, execution or support of a terrorist act. A person may be guilty if they knew about the connection or were reckless about it.

  • Possessing things connected with terrorist acts (s 101.4) – Covers possession of materials, devices or tools that may be used in the planning or execution of a terrorist act. The offence applies even if no act has occurred.

  • Collecting or making documents likely to facilitate terrorist acts (s 101.5) – Includes creating or obtaining documents (e.g. instructions, manuals or maps) that may assist in carrying out terrorism. Applies even if a specific act is not planned.

  • Other acts done in preparation for, or planning, terrorist acts (s 101.6) – Covers any preparatory act, regardless of whether a specific terrorist act is carried out or not.

  • Directing the activities of a terrorist organisation (s 102.2) – Applies where a person gives orders or instructions to a group that is designated or known to be a terrorist organisation.

  • Membership of a terrorist organisation (s 102.3) – Being a member of such a group is a standalone offence, regardless of whether the person was involved in criminal acts.

  • Recruiting for a terrorist organisation (s 102.4) – Encouraging others to join or take part in activities of a terrorist organisation.

  • Training with or for a terrorist organisation (s 102.5) – Includes providing or receiving training or participating in training activities, with knowledge or recklessness as to the organisation’s nature.

  • Funding a terrorist organisation (s 102.6) – Includes making or receiving payments from such organisations, or collecting funds on their behalf, even indirectly.

  • Providing support to a terrorist organisation (s 102.7) – Covers providing resources or assistance that may help the organisation engage in terrorism.

  • Associating with members of terrorist organisations (s 102.8) – Applies where a person repeatedly associates with known members and provides support or encouragement for the organisation to continue.

  • Financing terrorism (s 103.1) – A person may be charged if they collect or provide funds and are reckless as to whether they may be used to facilitate terrorism. Applies even if the act never occurs.

  • Financing a terrorist (s 103.2) – Making funds available to an individual who may use them to carry out a terrorist act. The law does not require that the act actually occurs.

Who investigates terrorism offences?

Terrorism investigations in Australia are primarily conducted by the Australian Federal Police (AFP) and the Australian Security Intelligence Organisation (ASIO). These agencies work closely together to detect, disrupt and respond to terrorism threats. The AFP is responsible for investigating criminal offences and gathering evidence that can be used to prosecute individuals in court.

 

ASIO, on the other hand, is Australia's national security intelligence agency. Its role is to anticipate and prevent acts of terrorism and politically motivated violence, often before any offence occurs. ASIO investigates individuals or groups who are planning or threatening violence intended to influence government policy, achieve political objectives or undermine national security. Unlike police, ASIO's focus is not on prosecution but on identifying threats and helping prevent attacks through intelligence gathering and collaboration with law enforcement agencies.

Penalties for terrorism offences

Terrorism offences carry penalties of up to life imprisonment. The maximum penalties include:

  • Engaging in a terrorist act – life imprisonment

  • Financing terrorism or a terrorist – life imprisonment

  • Directing a terrorist organisation – up to 25 years

  • Training with a terrorist organisation – up to 25 years

  • Providing support or resources – up to 25 years

  • Membership alone – up to 10 years

  • Possessing materials or documents – up to 15 years

 However, the actual sentence will depend on factors such as:

  • The specific offence committed

  • The level of involvement or planning

  • The intent or recklessness of the accused

  • Any prior criminal history

  • Whether any harm occurred

In some cases, the court may consider alternatives such as suspended sentences, particularly where there are significant mitigating factors. However, given the seriousness of this type of offence, lengthy terms of actual terms of imprisonment are likely if the offence is proven.

Aggravating factors

 The following circumstances may increase the seriousness of the offence and lead to harsher penalties: 

  • The offence was committed in a public place

  • The conduct involved weapons or explosives

  • The accused recruited others or involved minors

  • The act had international connections

  • The person was in a position of leadership or influence

The court may impose additional penalties under relevant provisions of the Penalties and Sentences Act 1992, including mandatory imprisonment or extended supervision orders.

Defences to terrorism offences

Possible legal defences to terrorism offences include:

  • Self-defence – If the accused acted to protect themselves or someone else from immediate harm.

  • Duress – If the accused was coerced to act under the threat of death or serious injury.

  • Mental impairment – If the person suffered from a mental illness that impaired their ability to understand their conduct.

  • Lack of intent or recklessness – If the accused did not have the required state of mind.

  • Mistake of fact – Where the accused believed they were not engaging in or supporting terrorism.

Each case is unique and requires detailed assessment of the facts, evidence, and available legal arguments.

How our Brisbane Criminal Lawyers can help

Our terrorism lawyers can appear for you anywhere in Australia.

The early stages are critical and can affect the outcome. We will thoroughly examine your case to build the strongest defence.

We can help you by:

  • Thoroughly evaluating the evidence against you and identify weaknesses in the prosecution’s case.

  • Advise you on the most effective defence strategies for your situation.

  • Negotiate with the prosecution to reduce or dismiss the charges where possible.

  • Represent you in court and advocate for the best possible outcome.


 

Contact us today for strategic advice about your case.