Engaging in, planning, financing, or supporting terrorist acts, or being a member of a terrorist organisation, under Division 101 of the Criminal Code Act 1995 (Cth).
TERRORISM DEFENCE LAWYERS
Accused or charged with terrorism in South Australia?
Our expert lawyers have successfully defended several high profile terrorism charges.
Major indictable offence
District Court or Supreme Court of South Australia
Maximum penalty of life imprisonment
Terrorism Key Facts
| Offence | A ‘terrorist act’ is defined as an action that: 1. Is done with the intention of advancing a political, religious or ideological cause; 2. Is intended to coerce or influence the public or any government by intimidation; 3. Causes one or more of the following: - death, serious harm or danger to a person; - serious damage to property; - a serious risk to the health of safety of the public; - serious interference with, disruption to, or destruction of an electronic system (such as a telecommunications system, transport system or system used to operate a public utility). |
| Maximum Penalty | Maximum penalty is up to life imprisonment for committing or planning a terrorist act; lesser related offences (e.g. association, financing) also carry heavy prison terms. For committing a terrorist act: Life imprisonment For providing or receiving training connected with terrorist acts: 25 years’ imprisonment For possessing things connected with terrorist acts: 15 years’ imprisonment For collecting or making documents likely to facilitate terrorist acts: 15 years’ imprisonment For any other acts done in preparation for, or planning, terrorist acts: Life imprisonment For directing the activities of a terrorist organisation: 25 years’ imprisonment For becoming a member of a terrorist organisation: 10 years’ imprisonment For recruiting for a terrorist organisation: 25 years’ imprisonment For providing or receiving training involving a terrorist organisation: 25 years’ imprisonment For getting funds to, from or for a terrorist organisation: 25 years’ imprisonment For providing support to a terrorist organisation: 25 years’ imprisonment For associating with terrorist organisations: 3 years’ imprisonment For financing terrorism: Life imprisonment |
| Typical Sentence | Almost always results in lengthy imprisonment; courts take these offences extremely seriously, with sentences often spanning decades for significant involvement. |
| Which Court? | Heard in the District Court or Supreme Court of South Australia (or Federal Court where appropriate) due to the seriousness and complexity of the offences. |
| Process Timeline | Federal Investigation (AFP, ASIO) → Arrest → Police Interview → Bail Consideration (rarely granted) → Committal in Magistrates Court → Trial in Supreme Court → Sentencing if guilty. (Average: 12-24 months) |
| Possible Defences | 1. No Intention - Arguing lack of intent to commit or support a terrorist act. 2. Lack of Knowledge - Showing no awareness of the terrorist organisation or plan. 3. Duress - Proving the accused acted under threats or coercion. |
| What The Prosecution Must Prove |
If you are charged with committing a terrorist act, the prosecution must prove that: - You engaged in a terrorist act, meaning: - You acted with the intention of advancing a political, religious or ideological cause; - Your action was intended to coerce or influence the public or any government by intimidation; - Your action caused: - death, serious harm or danger to a person; - serious damage to property; - a serious risk to the health or safety of the public; or - serious interference with, disruption to, or destruction of an electronic system (such as a telecommunications system, transport system or system used to operate a public utility). If you are charged with associating with terrorist organisations, the prosecution must prove that: - On two or more occasions you intentionally associated with a member of a terrorist organisation (or a person who promotes or directs the activities of a terrorist organisation); - You knew that the organisation was a terrorist organisation; - The association between you and the other person provides support to the organisation; - You intended that the support would assist the organisation to expand or to continue to exist; - You knew that the other person was a member of the organisation (or promoted or directed the activities of the organisation). A terrorist organisation is: - an organisation that is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act; or - an organisation that is specified by the regulations for the purposes of this paragraph (e.g., Islamic State – which is also known by other names such as Al-Qa’ida). [Criminal Code (Terrorist Organisation—Islamic State) Regulations 2017] |
Terrorism Case Scenarios
Below are examples of how terrorism may be charged and sentenced in South Australia. These examples are not indicative of a specific outcome and are for informational purposes only.
Low-Level Offence
Mid-Level Offence
High-Level Offence
Low-Level Offence
Scenario:
An individual was found with digital manuals on constructing explosives saved on a laptop, along with online research into extremist websites. There was no evidence of active planning or intent to carry out an attack.
What to expect:
Charged with collecting documents likely to facilitate a terrorist act (s 101.5 Criminal Code). Convicted and sentenced to 5 years imprisonment.
Mid-Level Offence
Scenario:
An individual attended multiple training sessions in remote bushland organised by an extremist group. The training included firearms handling and survival tactics. The accused also provided funds to purchase equipment used in the sessions.
What to expect:
Charged with providing or receiving training connected with terrorist acts (s 101.2) and financing a terrorist organisation (s 103.1). Convicted and sentenced to 12-15 years imprisonment.
High-Level Offence
Scenario:
An individual coordinated a car bomb attack targeting a government building, intended to advance an extremist political cause. The attack caused serious property damage and posed a risk to the public. The offender was identified as a senior figure directing the activities of a listed terrorist organisation.
What to expect:
Convicted of committing a terrorist act (s 101.1) and directing the activities of a terrorist organisation (s 102.2). Sentenced to life imprisonment.
Disclaimer: The examples above are provided for informational purposes only and do not guarantee a specific result in your matter. Sentencing decisions can vary significantly depending on individual circumstances, including the severity of the offence, intent, prior criminal history and other legal factors. For case-specific advice, get in touch with one of our expert criminal lawyers.
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Terrorism FAQ’s
If you need more information about terrorism in South Australia, these FAQs answer the most common questions.
What is the penalty for terrorism?
The maximum penalties are:
- For committing a terrorist act: Life imprisonment
- For providing or receiving training connected with terrorist acts: 25 years’ imprisonment
- For possessing things connected with terrorist acts: 15 years’ imprisonment
- For collecting or making documents likely to facilitate terrorist acts: 15 years’ imprisonment
- For any other acts done in preparation for, or planning, terrorist acts: Life imprisonment
- For directing the activities of a terrorist organisation: 25 years’ imprisonment
- For becoming a member of a terrorist organisation: 10 years’ imprisonment
- For recruiting for a terrorist organisation: 25 years’ imprisonment
- For providing or receiving training involving a terrorist organisation: 25 years’ imprisonment
- For getting funds to, from or for a terrorist organisation: 25 years’ imprisonment
- For providing support to a terrorist organisation: 25 years’ imprisonment
- For associating with terrorist organisations: 3 years’ imprisonment
- For financing terrorism: Life imprisonment
What are the possible defences for terrorism?
It may be a defence to the charge that you:
- were under duress;
- have a factual dispute;
- had a lack of intention;
- identification dispute; or
- suffer from a mental impairment.
What is considered a terrorist act in South Australia?
A terrorist act is defined as an action committed with the intent to advance a political, religious, or ideological cause and to coerce or intimidate the public or a government. The act must also cause serious harm, death, property damage, risk to public safety, or disrupt vital infrastructure (e.g. transport or power grids).
Is planning or preparing a terrorist act a crime in Australia?
Yes. Under Division 101 of the Criminal Code Act 1995 (Cth), even planning, preparing for, or threatening a terrorist act is a criminal offence. The act doesn’t need to be completed for someone to be charged.
What is the penalty for committing a terrorist act in Australia?
The maximum penalty is life imprisonment. This reflects the severity of the offence, regardless of whether the terrorist act was successful or prevented beforehand.
What are the penalties for terrorism-related offences other than committing an act?
Penalties vary by offence:
- Training, funding, or supporting terrorism: up to 25 years imprisonment
- Possessing materials for terrorism: up to 15 years
- Being a member of a terrorist organisation: up to 10 years
- Associating with members of a terrorist organisation: up to 3 years
- Financing terrorism: Life imprisonment
Is financing terrorism a crime in Australia?
Yes. Under Commonwealth law, financing terrorism including giving or receiving funds for terrorist purposes is a separate offence that also carries a maximum penalty of life imprisonment.
Can I be charged even if no terrorist act occurred?
Yes. A person can still be convicted if they took steps to plan, support, or prepare for a terrorist act, even if no act took place. This includes having related materials or undergoing training.
How does Australian law define a terrorist organisation?
A terrorist organisation is one that:
- Is directly or indirectly involved in preparing or fostering terrorist acts, or
- Is listed under federal regulations (e.g., Islamic State, Al-Qa’ida).
What does ‘recklessly indifferent’ mean in terrorism law?
A person is recklessly indifferent if they are aware of a risk that their conduct could lead to a terrorist act or help a terrorist group but disregard that risk. This can satisfy the mental element of the offence even if intent isn’t clearly proven.
What is the charge for being associated with a terrorist organisation?
It is an offence to intentionally associate with members of terrorist organisations where the association provides support to the group. The maximum penalty is 3 years imprisonment.
How do authorities prove terrorism offences in court?
Prosecutors must show that:
- The accused engaged in conduct defined under Division 101
- There was intent or recklessness related to a terrorist purpose
- The person knew they were aiding or associating with a terrorist cause or group
Can I be charged for posting extremist content online?
Yes. Distributing, accessing, or creating online material that promotes terrorism, extremist violence, or child exploitation may lead to terrorism or Commonwealth cybercrime charges. This includes grooming, radicalisation, or distributing violent propaganda.
What is the legal process if I’m accused of a terrorism offence in South Australia?
Terrorism offences are federal crimes, but charges are often heard in state Supreme Courts, such as the Supreme Court of South Australia. The Australian Federal Police (AFP) typically lead investigations with input from state authorities.
Can Australians be charged for terrorism offences committed overseas?
Yes. Under Divisions 272 and 474 of the Criminal Code, Australians can be prosecuted for:
- Fighting with terrorist groups abroad
- Funding or recruiting for terrorist groups overseas
- Disseminating or accessing terrorist materials online
What should I do if I'm being investigated for terrorism in SA?
You should seek urgent legal advice from an Adelaide criminal defence lawyer experienced in terrorism offences. Do not answer questions or provide statements without legal representation, as these matters carry severe penalties including life imprisonment.
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