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 for the offence of Recruiting for a Terrorist Organisation is

Section (1) 25 years imprisonment

Section (2) 15 years

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. Click here to learn more about identification evidence.

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.

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