Criminal Code Act 1995

A person commits an offence if:

the person intentionally:

receives funds from, or makes funds available to, an entity (whether directly or indirectly); or

collects funds for, or on behalf of, an entity (whether directly or indirectly); and

the entity is a state sponsor of terrorism; and

the person knows the entity is a state sponsor of terrorism; and

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

For defences, see subsection (4) and section 112.8.

A person commits an offence if:

the person intentionally:

receives funds from, or makes funds available to, an entity (whether directly or indirectly); or

collects funds for, or on behalf of, an entity (whether directly or indirectly); and

the entity is a state sponsor of terrorism; and

the person is reckless as to whether the entity is a state sponsor of terrorism; and

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

For defences, see subsection (4) and section 112.8.

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

Subsections (1) and (2) do not apply to the person’s receipt of funds from the entity if the person proves that the person received the funds solely for the purpose of the provision of:

legal representation for a person in proceedings relating to this Division; or

legal advice or legal representation in connection with the question of whether the entity is a state sponsor of terrorism; or

assistance to the entity for it to comply with a law of the Commonwealth or a State or Territory.

A defendant bears a legal burden in relation to the matter in subsection (4) (see section 13.4).