Question 1

What is the penalty for terrorism?

Accepted Answer

Penalties vary depending on the offence: committing a terrorist act: life imprisonment; providing or receiving training connected with terrorist acts: 25 years; possessing things connected with terrorist acts: 15 years; collecting or making documents likely to facilitate terrorist acts: 15 years; other preparatory acts: life imprisonment; directing activities of a terrorist organisation: 25 years; becoming a member: 10 years; recruiting: 25 years; providing or receiving training involving a terrorist organisation: 25 years; getting funds to, from, or for a terrorist organisation: 25 years; providing support to a terrorist organisation: 25 years; associating with terrorist organisations: 3 years; financing terrorism: life imprisonment.

Question 2

What are the possible defences for terrorism?

Accepted Answer

Possible defences include duress, factual dispute, lack of intention, identification dispute, or mental impairment.

Question 3

What is considered a terrorist act in South Australia?

Accepted Answer

A terrorist act is 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 such as transport or power grids.

Question 4

Is planning or preparing a terrorist act a crime in Australia?

Accepted Answer

Yes. Under Division 101 of the Criminal Code Act 1995 (Cth), planning, preparing for, or threatening a terrorist act is a criminal offence, even if the act is not completed.

Question 5

What is the penalty for committing a terrorist act in Australia?

Accepted Answer

The maximum penalty is life imprisonment, reflecting the severity of the offence regardless of whether the act was successful or prevented.

Question 6

What are the penalties for terrorism-related offences other than committing an act?

Accepted Answer

Penalties vary: training, funding, or supporting terrorism: up to 25 years; possessing materials for terrorism: up to 15 years; being a member of a terrorist organisation: up to 10 years; associating with members: up to 3 years; financing terrorism: life imprisonment.

Question 7

Is financing terrorism a crime in Australia?

Accepted Answer

Yes. Financing terrorism, including giving or receiving funds for terrorist purposes, is a separate offence carrying a maximum penalty of life imprisonment.

Question 8

Can I be charged even if no terrorist act occurred?

Accepted Answer

Yes. A person can be convicted for planning, supporting, or preparing a terrorist act, even if no act occurs. This includes possessing related materials or undergoing training.

Question 9

How does Australian law define a terrorist organisation?

Accepted Answer

A terrorist organisation is one directly or indirectly involved in preparing or fostering terrorist acts, or is listed under federal regulations (e.g., Islamic State, Al-Qa’ida).

Question 10

What does ‘recklessly indifferent’ mean in terrorism law?

Accepted Answer

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.

Question 11

What is the charge for being associated with a terrorist organisation?

Accepted Answer

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.

Question 12

How do authorities prove terrorism offences in court?

Accepted Answer

Prosecutors must show that the accused engaged in conduct defined under Division 101, that there was intent or recklessness related to a terrorist purpose, and that the person knew they were aiding or associating with a terrorist cause or group.

Question 13

Can I be charged for posting extremist content online?

Accepted Answer

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.

Question 14

What is the legal process if I’m accused of a terrorism offence in South Australia?

Accepted Answer

Terrorism offences are federal crimes, often heard in state Supreme Courts such as the Supreme Court of South Australia. The Australian Federal Police typically lead investigations with input from state authorities.

Question 15

Can Australians be charged for terrorism offences committed overseas?

Accepted Answer

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, or disseminating or accessing terrorist materials online.

Question 16

What should I do if I'm being investigated for terrorism in SA?

Accepted Answer

You should seek urgent legal advice from a 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.

Offence	Possession, production or distribution of extremist material under s 37 of the Summary Offences Act 1953 (SA). It is an offence for a person, without reasonable excuse, to: - have possession of extremist material; or - take any step in the production or distribution of extremist material. A "reasonable excuse" may include legitimate public purposes such as education, journalism, public safety, law enforcement, or where material came into possession unsolicited and was promptly disposed of.
Maximum Penalty	Maximum penalty is a fine of up to $10,000 or imprisonment for 2 years. Possession of extremist material: $10,000 fine or 2 years imprisonment. Production or distribution of extremist material: $10,000 fine or 2 years imprisonment.
Typical Sentence	Penalties vary depending on intent and context. Minor possession cases may result in fines or good behaviour bonds. Production or deliberate distribution typically attracts custodial sentences of several months to 2 years.
Which Court?	Usually dealt with in the Magistrates Court of South Australia, unless aggravated by other linked charges (e.g., terrorism offences).
Process Timeline	Investigation (often by SA Police or joint AFP taskforce) → Search and seizure of material → Arrest → Police interview → Bail consideration → Hearing in Magistrates Court → Sentencing if found guilty. (Average: 6–12 months)
Possible Defences	1. Reasonable Excuse – Unsolicited possession: Material was received without request and promptly disposed of. 2. Legitimate Public Purpose: Possession or use was for education, journalism, law enforcement, scientific, legal, or artistic reasons. 3. Lack of Knowledge: Defendant did not know, and could not reasonably have known, the material was extremist in nature. 4. Authorised Personnel: Conduct occurred in the course of legal or law enforcement duties.
What The Prosecution Must Prove	- That the accused was in possession of, or engaged in production or distribution of, extremist material; - That the conduct was not covered by a "reasonable excuse"; - That the material qualifies as "extremist material" within the meaning of the Act. If charged with possession, the prosecution must also prove the accused had knowledge, custody, or control of the material.

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