Criminal Code Act 1995

A person commits an offence if:

the person possesses a thing; and

the thing is connected with preparation for, the engagement of an entity in, or assistance in a state terrorist act; and

the person knows of the connection described in paragraph (b); and

either:

the person is an Australian citizen or Australian permanent resident; or

the terrorist act is targeted at Australia; and

if the person is a foreign state entity or a member of a foreign state entity—the entity is a state sponsor of terrorism.

A person commits an offence if:

the person possesses a thing; and

the thing is connected with preparation for, the engagement of an entity in, or assistance in a state terrorist act; and

the person is reckless as to the existence of the connection described in paragraph (b); and

either:

the person is an Australian citizen or Australian permanent resident; or

the terrorist act is targeted at Australia; and

if the person is a foreign state entity or a member of a foreign state entity—the entity is a state sponsor of terrorism.

Strict liability applies to paragraphs (1)(e) and (2)(e).

A person commits an offence under subsection (1) or (2) even if:

a state terrorist act does not occur; or

the thing is not connected with preparation for, the engagement of an entity in, or assistance in a specific state terrorist act; or

the thing is connected with preparation for, the engagement of an entity in, or assistance in more than one terrorist act.

Subsections (1) and (2) do not apply if the possession of the thing was not intended to facilitate preparation for, the engagement of an entity in, or assistance in a state terrorist act.

A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3)).